[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as § 1.12 of the 2011 Code. Amendments noted
where applicable.]
A.
Office created. Pursuant to § 755.01, Wis. Stats., there
is created the office of Municipal Judge for the Village of Williams
Bay.
B.
Election; term. The Municipal Judge shall be elected at large at
the spring election in odd-numbered years for a term of two years
or until a successor is elected and qualifies, commencing on May 1
next succeeding his election. Midterm vacancies in the office of Municipal
Judge shall be filled by special election to be held not less than
55 nor more than 70 days after the order of the Board therefor.
[Amended 10-17-2022 by Ord. No. 2022-15[1]]
[1]
Editor's Note: Ordinance No. 2022-15 is a charter ordinance.
C.
Salary. The Municipal Judge shall receive a salary as shall be set by the Village Board from time to time, which shall be in lieu of fees and costs. No salary shall be paid to the 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.
D.
Bond; oath.
(1)
The Municipal Judge shall execute and file with the Clerk of the
Courts for Walworth County the oath prescribed by § 757.02,
Wis. Stats., and an official bond in such amount as shall be fixed
by resolution of the Village Board.
(2)
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
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.
A.
Court established. The Municipal Court for the Village of Williams
Bay is established pursuant to § 755.02 and Ch. 755, Wis.
Stats.
B.
Hours. The Municipal Court for the Village shall be open as determined
by order of the Municipal Judge.
C.
Location. The Municipal Judge shall keep his office and hold court
in the Village Hall.
D.
Procedure. The procedure in Municipal Court for the Village shall
be as provided by this section and state law including, without limitation
because of enumeration, Chs. 755 and 800 and §§ 23.66
to 23.99, 788.14, 788.15, 788.18 and 345.20 to 345.53, Wis. Stats.
A.
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 moneys to the Village Treasurer within 30 days
of collection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
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 moneys were collected.
A.
Powers. The Municipal Judge may impose a forfeiture for contempt under Subsection B in an amount not to exceed $50, together with the penalty assessment under § 757.05, Wis. Stats., and jail assessment under § 302.46, Wis. Stats., or upon nonpayment of the forfeiture, penalty assessment and jail assessment, a jail sentence in the county jail not exceeding seven days.
B.
Contempt of court defined. "Contempt of court" means intentional:
(1)
Misconduct in the presence of the Court which interferes with a Court
proceeding or with the administration of justice or which impairs
the respect due the Court.
(2)
Disobedience, resistance or obstruction of the authority, process
or order of a Court.
(3)
Refusal as a witness to appear, be sworn or answer a question.
C.
Summary procedure.
(1)
The Municipal Judge presiding in an action or proceeding may impose
a forfeiture upon a person who commits a contempt of Court in the
actual presence of the Court.
(2)
The Judge shall impose the forfeiture immediately after the contempt
of Court and only for the purpose of preserving order in the Court
and protecting the authority and dignity of the Court.
D.
Other. All other contempt of Court proceedings in Municipal Court
shall follow the procedures set forth in § 785.03, Wis.
Stats.
[Added 7-20-2015]
A.
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.
B.
For a juvenile adjudged to have violated an ordinance who violates
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 provisions of those statutes.
C.
This section is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
A.
Deposit schedule to be established.
(1)
The Municipal Judge shall establish and submit to the Village Board
for approval in accordance with § 800.037, Wis. Stats.,
a schedule of deposits for violations of Village ordinances, resolutions
and bylaws, except traffic regulations which are governed by § 345.26,
Wis. Stats., and boating violations governed by § 23.67,
Wis. Stats.
(2)
When approved by the Board, such deposit schedule shall be posted
in the office of the Municipal Court Clerk and the Village Police
Department.
B.
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 § 800.035, 800.037 and 800.09,
Wis. Stats.
C.
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
and boating regulations enacted in accordance with § 30.77,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
