Village of Webster, WI Chapter 22 Court, Municipal

[HISTORY: Adopted by the Village Board of the Village of Webster 8-13-2003. Amendments noted where applicable.]

§ 22-1 Municipal Court created.

Pursuant to the authority granted by Chapter 755 of the Wisconsin Statutes, there is hereby created and established a Municipal Court to be designated "Municipal Court for the Village of Webster," said court to become operative and function on October 1, 2003.

§ 22-2 Jurisdiction.

A. The Municipal Court shall have jurisdiction over incidents occurring on or after October 1, 2003, as provided in Article VII, 14 of the Wisconsin Constitution, §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by state law. In addition, it shall have exclusive jurisdiction over action in which the municipality seeks to impose forfeitures for violations of municipal ordinances, resolutions and bylaws.

B. The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under §§ 755.045 (2), 66.122 and 66.123, Wis. Stats.

C. The Municipal Court has jurisdiction over juvenile offenders when it enacts an ordinance under the authority of § 938.17 (2)(cm), Wis. Stats.

§ 22-3 Municipal Judge.

A. Qualifications. There is hereby created the office of Municipal Judge of the Municipal Court of the Village of Webster. The Municipal Judge shall be a resident of the Village of Webster.

B. Oath and bond. The Judge shall, after an election or appointment to fill a vacancy, take and file the official oath as prescribed in § 757.02(1), Wis. Stat., and file such oath with the County Clerk of Circuit Court. At the same time, the Judge shall execute and file an indemnity bond with the Clerk of the municipality in an amount of $2,500. The Judge shall not act until the oath and bond have been filed as required by § 19.01(4)(c), Wis. Stats., and the requirements of § 755.03, Wis. Stats., have been complied with.

C. Salary. The Municipal Judge shall receive a salary as determined by the Village Board which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his or her term for which he/she has not executed and filed the official bond and oath. The salary may be increased by the Village Board before the start of the second or subsequent year of service of the term of the Judge, but shall not be decreased during the term.

D. Election term.

(1) The Municipal Judge shall be elected at large for a term of four years at the spring election held in even-numbered years and shall take office on May 1 following the election.

[Amended 10-14-2015 by Ord. No. 4-2015]

(2) Permanent vacancy in the office of Municipal Judge shall be filled by temporary appointment of the Village Board. The office of Municipal Judge shall be permanently filled by special election, held concurrently with the next spring election following occurrence of the vacancy, except that any vacancy occurring during the period of December 1 and on or before date of spring election shall be filled at the second succeeding spring election.

(3) Any vacancy occurring in the office of Municipal Judge shall be filled pursuant to state law.

§ 22-4 Municipal Court hours, employees and location.

A. Hours. The Municipal Court for the Village of Webster shall be open as determined by order of the Municipal Judge.

B. Employees. The Judge shall, in writing, appoint such clerks and deputy clerks as are authorized by the Village Board. Their salaries shall be fixed by the Village Board.

C. Location. The Municipal Judge shall keep his/her office and hold court in an adequate facility provided by the municipal governing body. However, the Municipal Judge may issue process and perform ministerial functions anywhere in the county.

§ 22-5 Collection of forfeitures and costs.

[Amended 3-8-2006]

A. The Municipal Court shall collect all forfeitures, penalty assessments, fees and taxable costs in any action or proceeding and shall pay over such monies to the Village Treasurer within seven days of collection. At such time, the Municipal Court shall report to the Treasurer the title, nature of offenses and total amount of judgements imposed in actions and proceedings in which such monies were collected.

B. Alcohol related offenses. Upon conviction of any alcohol-related offense for which the Village has expended funds or incurred expense for the withdrawal or testing of blood or urine, the cost of such service to the Village shall be added to any forfeiture, court costs, and fees imposed by the Court.

§ 22-6 Contempt of Court.

The Municipal Judge, after affording an opportunity to the person accused to be heard in defense, may punish for contempt as provided in § 800.12, Wis. Stats., and may impose a forfeiture therefor not to exceed $50 or upon nonpayment of the forfeiture, penalty assessment under § 165.87 Wis. Stats., and jail assessment under § 302.46 Wis. Stats., a jail sentence not to exceed seven days.

§ 22-7 Stipulations and deposits.

A. Deposits for ordinance violations. The Municipal Judge shall establish and submit to the Village Board for approval in accordance with § 800.03(3), Wis. Stats., a schedule of deposits for violations of Village of Webster ordinances, resolutions and bylaws.

B. Deposits for traffic violations. The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in Chapters 23 and 345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with § 345.27, Wis Stats.

C. Stipulations and deposits in lieu of Court appearance. Persons cited for violations of Village ordinances, resolutions or bylaws or violations of traffic regulations for which a deposit has been established shall be permitted to make a stipulation of no contest and a deposit in lieu of Court appearance as provided in §§ 800.03, 800.04 and 900.09, Wis. Stats.