[Amended 1-13-2014 by Ord. No. 03-2014; 1-13-2014 by Ord. No. 04-2014]
(a)
Municipal Judge.
(1)
Office created. Pursuant to the authority granted by statute, there
is created the office of municipal Judge for the Village.
(2)
Election and term. The municipal Judge shall be elected at large
at the regular spring election in April for a term of four years,
commencing from the first day of May next following his election.
(3)
Salary. The municipal Judge shall receive an annual salary as established
by the Village Board, which shall be in lieu of fees and costs. No
salary shall be paid to the municipal Judge for any time during his
term for which he has not executed and filed his official bond and
oath as required by Subsection (a)(4) of this section.
(4)
Bond and oath. The municipal Judge shall execute and file with the
county Clerk of the circuit court the oath prescribed by law and a
bond in the penal sum of $1,000.
(5)
Jurisdiction.
a.
The municipal Judge shall have such jurisdiction as provided in Wis.
Stats. § 755.045, and exclusive jurisdiction of violations
of Village ordinances.
b.
The Village of Elmwood Park and the Village of Mount Pleasant have
entered into an agreement whereby the Village of Elmwood Park Police
Department will enforce certain state and local laws and ordinances
at certain times within the Village of Elmwood Park. Pursuant to statute
and the agreement between the Village of Elmwood Park and the Village,
there is created and established in and for the Village of Elmwood
Park and the Village, a joint municipal court, pursuant to Wis. Stats.
§ 755.01(4). Pursuant to the agreement and statute, the
Village of Elmwood Park Constable may patrol and enforce state and
local laws and ordinances within the boundaries of the Village of
Elmwood Park. The current elected Judge for the Village shall have
jurisdiction and authority to enforce the state and local laws and
ordinances and any infractions thereof occurring within the boundaries
of the Village of Elmwood Park and all fines, forfeitures and costs
shall be retained by the Village. Pursuant to Wis. Stats. § 775.01(4),
the current Judge of the Village shall serve as the Judge for the
joint court until the end of the current term or until a special election
is held under Wis. Stats. § 8.50(4)(fm).
(6)
Qualifications. No person shall be elected to the office of Municipal
Judge who is not at the time of his/her election and for the entire
tenure of his/her office, a citizen of the State of Wisconsin, a resident
of the Village of Mt. Pleasant and an attorney licensed to practice
law in the State of Wisconsin.
(b)
Municipal court.
(1)
The court of the municipal Judge shall be known as the "Municipal
Court for the Village of Mount Pleasant, Racine County, Wisconsin,"
and shall be open as determined by the municipal Judge.
(2)
The municipal Judge shall keep his office and hold court in the Village
hall.
(3)
Except as provided by law, the procedure in municipal court shall
be the same as provided in Wis. Stats. Ch. 800.
(4)
The municipal Judge shall collect all forfeitures and taxable costs
in any action or proceeding before him, and shall pay over such monies
to the Village Clerk-Treasurer not later than the 30th business day
succeeding his receipt thereof.
(5)
The provisions of Wis. Stats. § 800.12, relating to municipal
court contempt procedures, are adopted by reference in this section
as if set forth in full in this section.
(6)
The municipal Judge may impose a forfeiture for contempt in an amount
not to exceed $50 or, upon nonpayment of the forfeiture, a penalty
assessment under Wis. Stats. § 757.05, jail assessment under
Wis. Stats. § 302.46, crime laboratories and drug law enforcement
assessment under Wis. Stats. § 165.755, any applicable consumer
protection assessment under Wis. Stats. § 100.261, any applicable
domestic abuse assessment under Wis. Stats. § 973.055(1),
and a jail sentence not to exceed seven days.
(7)
The Municipal Judge may impose as a cost to a party appearing before
the municipal court the actual cost of an interpreter at his/her normal
hourly rate, including mileage, if any.
