[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters
as § 1.18 of the 2001 Code. Amendments noted where applicable.]
The Municipal Court of the Town is established pursuant to Ch. 755,
Wis. Stats.
A.
Office created. Pursuant to § 755.01, Wis.
Stats., there is created the office of Municipal Judge for the Town.
B.
Election; term. The Municipal Judge shall be elected
at large at the spring election for a term of two years, or until a successor
is elected and qualifies, commencing on May 1 next succeeding his election.
Mid-term 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 8-20-2005[1]]
C.
Salary. The Municipal Judge shall receive a salary, 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 filled his official bond and oath as required by Subsection D of this section.
D.
Bond; oath. The Municipal Judge shall execute and file
with the Clerk of Court for Vilas County the oath prescribed by § 757.02,
Wis. Stats., and a bond in the penal sum of $2,000. The Municipal Judge shall
not be qualified to act until a certified copy of the bond is filed with the
Town Clerk/Treasurer 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.[2]
E.
Jurisdiction. The Municipal Judge shall have jurisdiction
as provided by law and § 755.045, Wis. Stats., and exclusive jurisdiction
of violations of Town ordinances, resolutions and bylaws.
The Municipal Judge shall keep his office and hold Court in the Town
Hall.
The Municipal Court for the Town shall be open as determined by order
of the Municipal Judge.
The procedure in Municipal Court for the Town shall be as provided by
this chapter and state law, including, without limitation because of enumeration,
§§ 23.66 to 23.99 and 345.20 to 345.53 and Chs. 755, 778 and
800, Wis. Stats.
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 money to the Town Clerk/Treasurer within seven days of collection.
At such time the Municipal Judge shall also report to the Town Clerk/Treasurer
the title, nature of offenses and total amount of judgments imposed in actions
and proceedings in which such moneys were collected.
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 either 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.
B.
The Municipal Judge may, upon finding any person guilty of contempt,
order such person to forfeit not more than $50, plus costs, fees and surcharges
imposed under Ch. 814, 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.[1]
A.
Deposit schedule to be established. The Municipal Judge
shall establish and submit to the Town Board for approval in accordance with
§ 800.03(3), Wis. Stats., a schedule of deposits for violations
of Town ordinances, resolutions and bylaws, except traffic regulations which
are governed by § 345.27, Wis. Stats., and boating violations governed
by § 23.67, Wis. Stats. When approved by the Board, the deposit
schedule shall be posted in the office of the Municipal Court Clerk and the
Town Constable.[1]
B.
Stipulation and deposit in lieu of court appearance.
Persons cited for violations of Town 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 §§ 800.03, 800.04 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 and boating regulations enacted in accordance with § 30.77, Wis. Stats.[2]
