[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.
A.
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.
B.
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.
C.
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.,
A.
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.
B.
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.
C.
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.
D.
Electors: Electors in the City of Mauston and the participating municipalities
shall vote for the MAMC Judge.
A.
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.
B.
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.
C.
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.
(1)
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:
(2)
Any or all of the above listed dispositions may be used in any combination
when imposed by the MAMC Judge.
A.
Hours: The MAMC shall be open as determined by order of the MAMC
Judge.
B.
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.
C.
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.
