[HISTORY: Adopted by the Village Board of the Village of
Winneconne as §§ 2-3-13 and 2-3-14 of the 2012 compilation
of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]
Joint municipal court created. Pursuant to the authority granted
by Chapter 755, Wis. Stats., there is hereby created and established
a Joint Municipal Court to be designated "Municipal Court for the
Village of Winneconne, the Town of Winneconne and the Town of Vinland,"
said court to become operative and function on October 1, 2008.
Qualifications. The Joint Municipal Court shall be under the jurisdiction
of and presided over by a Municipal Judge who resides in one of the
municipalities that is a party to the agreement forming this Joint
Municipal Court.
Oath and bond. The Municipal Judge shall, after election or appointment
to fill a vacancy, take and file the official oath as prescribed in
§ 757.02(1), Wis. Stats., and at the same time, if required
to do so, execute and file an official bond in the amount fixed by
the governing body. The Municipal Judge shall not act until the oath
and bond, if required, have been filed and the requirements of § 755.03(2),
Wis. Stats., have been complied with.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Salary. The salary of the Municipal Judge shall be fixed by the Village
Board of the Village of Winneconne, the Town Boards of the Towns of
Winneconne and Vinland, which shall be in lieu of fees and costs.
No salary shall be paid for any time during the term during which
the Judge has not executed the official bond or official oath, and
filed them, as required by § 755.03, Wis. Stats. The municipalities
may by separate ordinance allocate funds for the administration of
the Municipal Court pursuant to § 66.0301, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Term. The Municipal Judge shall be elected at large in the spring
election commencing with April 2011 for a term of four years commencing
on May 1 succeeding his or her election. All candidates for the position
of Municipal Judge shall be nominated by nomination papers as provided
in § 8.10, Wis. Stats., and selection at a primary election
if such is held as provided in § 8.11, Wis. Stats. The office
of the County Clerk or Board of Election Commissioners of the county
having the largest portion of the population in the jurisdiction served
by the Judge shall serve as filing office for the candidates.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Statutory and ordinance jurisdiction. The Municipal Court shall have
jurisdiction over incidents occurring on or after provided in Article
VII, § 14 of the Wisconsin Constitution, §§ 755.045
and 755.05, Wis. Stats., and as otherwise provided by state law. In
addition, it shall have exclusive jurisdiction over actions in the
municipalities that are parties to the agreement seek to impose forfeitures
for violations of municipal ordinances, resolutions and bylaws.
Civil warrants. The Municipal Judge may issue civil warrants to enforce
matters under the jurisdiction of the Municipal Court under §§ 66.0119
and 755.045(2), Wis. Stats.
Juvenile jurisdiction. The Municipal Court has jurisdiction over
juvenile offenders when a municipality that is party to the agreement
enacts an ordinance under the authority of § 938.17(2)(cm),
Wis. Stats.
Hours. The Municipal Court shall be open at such location and at
such times as determined by the governing bodies of the municipalities
that are parties to the agreement and the Municipal Judge.
Employees. The Municipal Judge shall, in writing, appoint such clerks
and deputy clerks as are authorized and funded by the Village of Winneconne
and the Towns of Winneconne and Vinland.
Collection of forfeitures and costs. The Municipal Judge may impose
punishment and sentences as provided by Chapters 800 and 938, Wis.
Stats., and as provided in the ordinances of the municipalities that
are parties to the agreement. All forfeitures, fees, assessments,
surcharges and costs shall be paid to the treasurer of the municipality
within which the case arose within 30 days after receipt of the money
by the Municipal Court. At the time of the payment, the Municipal
Court shall report to the treasurer the title of the action, the nature
of the offenses and total amount of judgments imposed in actions and
proceedings in which such monies were collected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Contempt of court. The Municipal Judge, after affording an opportunity
to the person accused to be heard in defense, may impose a sanction
authorized under § 800.12, Wis. Stats., and may impose a
forfeiture therefor not to exceed $200 or upon nonpayment of the forfeiture
and the assessments thereon, a jail sentence not to exceed seven days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Appointment. The Municipal Judge shall, in writing, appoint such
clerks and deputy clerks as are authorized by the Village Board, the
Town of Winneconne and the Town of Vinland. Their salaries shall be
fixed by the Village Board.
Oath. The Clerk of Municipal Court shall, before entering upon the
duties of office, take the oath provided by § 19.01, Wis.
Stats., and give a bond if required by the Village Board. Oaths and
bonds for such Clerks shall be filed with the Village Clerk-Treasurer.
The cost of the bond shall be paid by the Village.
Duties. The Clerk of Municipal Court shall perform all duties as
required by law and such other duties as are requested to be executed
by such person by the Municipal Judge.