Pursuant to the authority granted by Ch. 755,
Wis. Stats., and as hereafter modified, the Municipal Court for the
Village of Elm Grove, Wisconsin is authorized.
[Amended 10-26-2010]
Pursuant to the authority granted by § 755.01,
Wis. Stats., the office of Judge of the Municipal Court for the Village
of Elm Grove, Wisconsin is authorized.
A. Election
term. Pursuant to § 755.02, Wis. Stats., amended June 1.
2010, the Municipal Judge shall be elected at large at the spring
election for a term of four years commencing on May 1 in the year
the Judge is elected. A permanent vacancy in the office of Municipal
Judge shall be filled as provided in § 8.50(4)(fm), Wis.
Stats.
B. Salary. The
Municipal Judge shall receive a salary and expense reimbursement as
determined from time to time by the Village Board which shall be in
lieu of fees and costs. 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 a term.
C. Oath and
bond. The Municipal Judge shall, prior to acting in the capacity of
judge, execute and file with the Clerk of the Circuit Court for Waukesha
County the oath prescribed by § 757.02(1), Wis. Stats.,
and a bond in the penal sum of $1,000.
The Municipal Judge may issue civil warrants
to enforce matters which are under the jurisdiction of the Municipal
Court. The Municipal Judge is also authorized to issue inspection
warrants under §§ 66.122 and 66.123, Wis. Stats.
The Municipal Judge may order the payment of
restitution for violations of ordinances that prohibit conduct that
is the same as or similar to conduct prohibited by state statute punishable
by fine or imprisonment or both. The judge shall use the restitution
procedure under § 800.093, Wis. Stats.
[Amended 10-26-2010]
The Municipal Court shall appoint a guardian
ad litem or social worker certified or licensed under § 457,
Wis. Stats., for any defendant that the court has reason to believe
lacks substantial mental capacity to understand the proceedings or
assist in his or her defense. The person appointed under this paragraph
shall assist the court in making a determination concerning the defendants
mental capacity. If the court determines that the defendant lacks
the mental capacity to understand the proceedings or assist in his
or her defense, the court shall suspend the proceedings. The cost
of the guardian ad litem or social worker shall be paid by the municipality
pursuant to § 800.04 (1) (bm), Wis. Stats.