[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Sec. 1.10 of the Municipal
Code. Amendments noted where applicable.]
There is hereby created and established a Municipal
Court for the city pursuant to Ch. 755, Wis. Stats.
Such Court shall be under the jurisdiction of
and presided over by a Municipal Judge, who shall be an attorney licensed
to practice law in Wisconsin, and who resides in the city. Such Municipal
Judge shall be elected at large in the spring election for a term
of four years commencing May 1, 1985. All candidates for the position
of Municipal Judge shall be nominated by nomination papers as provided
in § 8.10, Wis. Stats., and selection at a primary election
if such is held as provided in § 8.11, Wis. Stats. The City
Council shall provide for a primary election in the event that more
than two candidates file nomination papers for such position of Municipal
Judge as provided in § 8.11(1)(a), Wis. Stats., and such
primary election shall be held on the third Tuesday of February as
provided in § 5.02(22), Wis. Stats.
[Amended 6-19-2001 by Ord. No. 2142]
A.
The Judge
shall, after his election and appointment to fill a vacancy, take
and file the official oath as prescribed in § 757.02(1),
Wis. Stats., and execute and file an official bond in the amount of
$5,000. The Judge shall not act until a certified copy of the bond
is filed with the City 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.
B.
A dishonesty insurance policy or other appropriate insurance policy
that covers the Municipal Judge with limits of not less than $5,000
may be obtained in lieu of providing the bond as provided for hereunder.
[Added 9-26-2017 by Ord. No. 2595]
The salary of the Municipal Judge shall be fixed by the City Council, which shall be in lieu of fees and costs. No salary shall be paid for any time during his term in which the Judge has not executed his official bond or oath as required in § 14-3.
The Municipal Judge shall have jurisdiction
as provided by §§ 755.045 and 755.05, Wis. Stats.,
and as otherwise provided by state law.
The Municipal Court shall be open at such times
as determined by the Municipal Judge.
[Amended 7-23-2002 by Ord. No. 2180]
The Municipal Judge may impose punishment and
sentences as provided by § 800.09, Wis. Stats., and the
ordinances of the city. All forfeitures, fees, penalty assessments
and costs shall be paid to the Director of Finance and Administration
within seven days after receipt thereof by the Municipal Judge or
other Court personnel. At the time of payment, the Municipal Judge
shall report to the Director of Finance and Administration the title
of the action, the offense for which a forfeiture was imposed and
the total amount of the forfeiture, fees, penalty assessments and
costs, if any.
A.
The Municipal Judge, after affording an opportunity
to the person accused to be heard in defense, may punish for contempt
of Municipal Court persons guilty of any of the following acts and
no other:
(1)
Disorderly, contemptuous and insolent behavior toward
the Judge while engaged in any judicial proceeding or other conduct
which tends to interrupt the proceedings or to impair the respect
due the Judge's authority.
(2)
Resistance of or disobedience to any lawful order
or process made or issued by the Judge.
(3)
Refusal as a witness to appear, be sworn or answer
a question.
(4)
Refusal to produce a record, document or other object.
B.
The Municipal Judge may, upon finding any person guilty
of contempt, order such person to forfeit not more than $50, plus
10% penalty assessment under § 757.05(1), Wis. Stats. Upon
nonpayment of the forfeiture and penalty, the person found guilty
of contempt may be sentenced to the county jail not to exceed seven
days.
