Editor's Note: This chapter derives from Ch. 19 of the former
Municipal Code, amended 1-27-1997, 11-28-2005, 4-11-2016, 6-11-2018
by Ord. No. 180611-1 and 9-24-2018 by Ord. No. 180910-1.
Election; term. The Municipal Judge shall be elected at large in
odd years at the spring election for a term of two years, beginning
in the 2019 spring election, with said term commencing on May 1 next
succeeding his/her election.[1] A permanent vacancy in the office of Municipal Judge may
be filled in accordance with § 8.50, Wis. Stats., as hereafter
amended.
Salary. The Municipal Judge shall receive a salary fixed by the governing body. No salary shall be paid to a Judge for any time during his term for which he has not executed and filed his official bond and oath as required by Subsection D of this section. The salary may be increased by the governing body before the start of the second or a subsequent year of service of the term of the Judge, but shall not be decreased during a term. The salary of a Municipal Judge who is designated or appointed under § 8.50(4)(fm) or 800.06, Wis. Stats., shall be determined by contract between the municipality and the Judge. The Judge may not serve until the contract is entered into. The salary may be paid annually or in equal installments as determined by the Village Board.
The Municipal Judge shall execute and file with the Village Clerk
the oath prescribed by § 757.02, Wis. Stats., and a bond
in the penal sum set forth in the Village Fee Schedule, reference
this Code section.
The Municipal Judge shall not be qualified to act until a certified
copy of the bond is filed with the Village Clerk and a certified copy
of the oath is filed with the office of the Director of State Courts
as required by § 755.03, Wis. Stats.
Jurisdiction. The Municipal Judge shall have jurisdiction as provided
by law and § 755.045, Wis. Stats., and exclusive jurisdiction
of violations of Village ordinances, resolutions and bylaws.
Said Municipal Court shall be a coequal branch of the municipal government,
subject to the superintending authority of the Supreme Court, through
the Chief Judge of the Judicial Administrative District.
Hours. The Municipal Court for the Village of Fox Crossing shall
be open as determined by order of the Municipal Judge and approved
by the Village Board.
Location. The Municipal Judge shall keep his office and hold court
in the Municipal Complex. Office space for the Municipal Judge shall
be assigned by the Village Manager.
Procedure. The procedure in Municipal Court for the Village shall
be as provided by this chapter and state law, including, without limitation
because of enumeration, Chapters 755 and 800 and §§ 23.66
to 23.99, 778.14, 778.15, 778.18 and 345.20 to 345.53, Wis. Stats.
Collection and return of forfeitures. The Municipal Judge shall collect
all forfeitures, penalty assessments, fees and taxable costs in any
action or proceeding before him and shall pay over such monies to
the Village Treasurer within 30 days of collection. At such time the
Municipal Judge shall also report to the Village Treasurer the title,
nature of offenses and total amount of judgments imposed in actions
and proceedings in which such monies were collected.
Contempt of court. The Municipal Court contempt procedure shall be
as prescribed by § 800.12, Wis. Stats., which is adopted
and incorporated herein by reference.
Stipulation and deposit in lieu of court appearance. Persons cited
for violations of Village ordinances, resolutions or bylaws for which
a deposit has been established under this section shall be permitted
to make a stipulation of no contest and a deposit in lieu of court
appearance as provided in Ch. 800, Wis. Stats.
Traffic and boating deposits. The deposit schedule established by
the Wisconsin Judicial Conference and the procedures set forth in
Chs. 23 and 345, Wis. Stats., shall apply to stipulations and deposits
for violations of traffic regulations enacted in accordance with § 345.27,
Wis. Stats., and boating regulations enacted in accordance with § 30.77,
Wis. Stats.
For a juvenile
adjudged to have violated an ordinance, the Court is authorized to
impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those
statutes.
For a juvenile
adjudged to have violated an ordinance who violated a condition of
a dispositional order of the court under § 938.343 or 938.344,
Wis. Stats., the Municipal Court is authorized to impose any of the
sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance
with the provision of those statutes.