[HISTORY: Adopted by the Common Council of the City of New Lisbon 12-16-2013 by Ord. No. 1118-01-2013. Amendments noted where applicable.]
[Amended 11-21-2016 by Ord. No. 1017-16-01; 2-19-2018 by Ord. No. 0115-18-01]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there is hereby created and established a joint municipal court to be designated "Mauston Area Municipal Court" (hereinafter MAMC) for the City of Mauston, the City of New Lisbon, the Village of Necedah, the Town of Germantown, Town of Necedah, and the Village of Lyndon Station, (herein after "participating municipalities"); said court to become operative and function on January 15, 2014.
Qualifications: The MAMC shall be under the jurisdiction of and presided over by a Municipal Judge, who shall reside in one of the participating municipalities.
Oath and bond: The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in § 757.02(1) of the Wisconsin Statutes and at the same time execute and file an official bond. The Judge shall not act until the oath and bond have been filed, as required by § 19.01(4)(c) of the Wisconsin Statues and the requirements have been complied with of § 755.03(2) of the Wisconsin Statutes.
Compensation: The salary for the MAMC Judge shall be fixed, in lieu of fees and costs, by the Common Council of the City of Mauston. No compensation shall be paid for any time during the term for which such Judge has not executed the official oath or official bond, as required by § 19.01(4)(c), Wis. Stats., and the requirements have been complied with of § 755.03(2), Wis. Stats.,
Term: The MAMC Judge shall be elected at large in the spring election in odd-numbered years for a term of four years commencing on May 1, 2013. All candidates for the position of MAMC Judge shall be nominated by nomination papers as provided in § 8.10, Wis. Stats., and the selection at a primary election if such is held as provided in § 8.11, Wis. Stats. Per § 8.10(6)(bm), Wis. Stats., the Juneau County Clerk shall serve as filing officer for the candidates. Municipalities who choose to join the existing MAMC agree that the judge for the existing MAMC will continue to serve as judge until the end of his/her term.
Vacancy: A permanent vacancy in the office of MAMC Judge may be filled by temporary appointment of the Common Council of the City of Mauston, in consultation with the participating municipalities as provided for in § 8.50(4)(fm),Wis. Stats. The office shall be permanently filled by special election in the manner provided for in said statute.
Substitute and interim MAMC judge: In the event that a MAMC Judge is to be temporarily absent or is sick or disabled, the provision of § 800.06, Wis. Stats., shall apply.
Electors: Electors in the City of Mauston and the participating municipalities shall vote for the MAMC Judge.
Exclusivity: The MAMC shall have jurisdiction over incidents occurring on or after January 1, 2014, as provided in Article VII, § 14 of the Wisconsin Constitution, and §§ 755.045 and 755.05, Wis. Stats., and as other provided by the laws of Wisconsin. It shall have exclusive jurisdiction over actions in the City of Mauston and the participating municipalities seeking to impose forfeitures for violations of municipal ordinances, resolutions and by-laws.
Civil warrants: The MAMC Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under §§ 755.045(2) and 66.0119, Wis. Stats.
Juvenile offenders: The MAMC Court has jurisdiction over juvenile offenders when a participating municipality enacts an ordinance under the authority of § 938.17(2)(cm), Wis. Stats.
Pursuant to § 938.17(2)(cm),Wis. Stats., the MAMC Judge may impose the following dispositions upon a juvenile for a violation of a participating municipality's ordinances:
Any disposition allowed under Chapter 48, Wis. Stats.
Section 938.343(2), Wis. Stats.
Section 938.343(3), Wis. Stats.
Section 938.343(4), Wis. Stats.
Section 938.343(10), Wis. Stats.
Section 938.344, Wis. Stats.
Any or all of the above listed dispositions may be used in any combination when imposed by the MAMC Judge.
Hours: The MAMC shall be open as determined by order of the MAMC Judge.
Employees: The Court shall be staffed by such clerical personnel as are authorized by the Common Council of the City of Mauston. Staff work priorities and standards will be developed cooperatively between the MAMC Judge and the Mauston City Clerk to ensure all legal and statutory deadlines and obligations will be achieved. The MAMC Judge shall have final authority and determination of work priorities and standards to be implemented by the Mauston City Clerk. The Mauston City Clerk shall be the appointing authority, in consultation with the participating municipalities, and shall have jurisdiction over such position(s). Such employee(s) are subject to direction of the Mauston City Clerk. Court personnel shall be covered by a blanket bond paid for by the City of Mauston.
Location: The MAMC Judge shall keep his/her office and hold court in an adequate facility provided by the Common Council of the City of Mauston. However, the MAMC Judge may issue process and perform ministerial functions at any place in Juneau County.
[Amended 2-19-2018 by Ord. No. 0115-18-01]
The MAMC judge may impose punishment and sentences as provided by Chs. 800 and 938, Wis. Stats., and as provided in the ordinances of the city and the participating municipalities. All forfeitures, fees, assessments, surcharges and costs shall be paid to the treasurer of the city within seven days after receipt of the money by the MAMC. At the time of the payment, the MAMC shall report to the treasurer the title of the action, the nature of the offenses and total amount of judgements imposed in actions and proceedings in which such moneys were collected. Within 30 days of the month following collection, the participating municipalities shall be paid the amount collected on citations issued for violations in the respective municipalities, less the court costs and $5 processing fee.
The MAMC 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 $50, or upon nonpayment of the forfeiture and the assessments thereon, a jail sentence not to exceed seven days.
The MAMC court hereby established shall not be abolished while the § 755.01(4), Wis. Stats., agreement is in effect.
All ordinances or parts of ordinances contravening or inconsistent with the provisions of this article are hereby repealed.
This article shall take effect and be in full force and effect from and after its passage by the municipalities that are parties to the agreement and publication as required by law.