[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as §§ 2-3-10 and 2-3-11 of the 1988 Code.
Amendments noted where applicable.]
Pursuant to the authority granted by Ch. 755,
Wis. Stats., there is hereby established the Municipal Court for the
Village of Mazomanie, Wisconsin.
[1]
Editor's Note: Ord. No. 2014-5, adopted 10-28-2014, established
a Joint Municipal Court between the Village of Black Earth and the
Village of Mazomanie. Said ordinance also provided for certain amendments
to this chapter in a separate Exhibit A, a copy of which is on file
in the Village offices.
Pursuant to the authority granted by Ch. 755,
Wis. Stats., there is hereby created the office of Municipal Judge
for the Municipal Court for the Village of Mazomanie, Wisconsin.
A.
The Municipal Judge shall be elected at large at the
spring election in the odd-numbered years for a term of two years
commencing on May 1 succeeding the election. The Municipal Judge shall
be subject to the Wisconsin Code of Judicial Ethics and shall file
an annual financial statement.
B.
The salary of the Municipal Judge may be increased
for a new term prior to the beginning of the term for the Judge, or
for the second year of a term before the start of the second year
of the term of the Judge, but the salary shall not be decreased during
a term of the Judge. Salaries may be paid annually or in equal installments
as determined by the Village Board, but no Judge may be paid a salary
for that portion of any term during which portion the Judge has not
executed the official bond or official oath as required by § 755.03,
Wis. Stats., and filed under § 19.01(4)(c), Wis. Stats.,
as amended.
C.
The Municipal Judge shall execute and file with the
Clerk of the Circuit Court for Dane County the oath prescribed by
§ 755.03, Wis. Stats., and an official bond in such amount
as shall be fixed by the Village Board.
A.
The procedure in Municipal Court for the Village of Mazomanie shall be as provided by this chapter and state law, including, but not by way of limitation, Chs. 62, 66, 755 and 800, Wis. Stats.
B.
The Municipal Court shall be open as determined by
the Municipal Judge. The first court session of each month shall be
for pretrials and arraignments and the second court session of each
month shall be for trials.
C.
The Municipal Judge shall keep his office and hold
court in the Municipal Building.
D.
If the Municipal Judge is temporarily absent, sick
or disabled, the provisions of § 800.06(1), Wis. Stats.,
shall apply, and if the Municipal Judge becomes incompetent or unable
to act or fails to act, or in the event of a vacancy, the provisions
of § 800.06(2), Wis. Stats., shall apply. Any substitute
Municipal Judge designated or assigned hereunder shall be compensated
as authorized by the Village Board. The Municipal Judge shall satisfy
all continuing education requirements for municipal judges.
E.
Upon the proper and timely written request for substitution
of the Municipal Judge, the provisions of § 800.05, Wis.
Stats., shall apply.
F.
The procedures of the Municipal Court shall be in
accord with the applicable Wisconsin Statutes and Village ordinances.
The Court shall abide by the Wisconsin Rules of Evidence and shall
abide by the Uniform State Traffic Deposit Schedule. In non-traffic
matters, the Village Attorney shall draft a bond schedule, which shall
become effective upon approval by the Village Board. No bond shall
exceed the maximum penalty which could be imposed for the ordinance
violation. The Municipal Judge shall administer and collect subpoena
and warrant fees.
G.
The Municipal Judge shall, where a case has been submitted
to him in final form, issue a determination of guilt or innocence
within 30 days thereafter.
A.
Bonds for appearance, partial payments and other funds
collected by the Court shall be treated as escrow funds and deposited
with the Clerk-Treasurer.
B.
The Clerk of the Municipal Court shall collect all
forfeitures and costs in any action or proceeding before him and shall
pay over such moneys to the Village Clerk-Treasurer not later than
the seventh business day succeeding his receipt thereof. At the time
of payment, the Municipal Court Clerk shall file with the Village
Clerk-Treasurer the title of the action, the offense for which the
forfeiture was imposed, the total amount of the forfeiture, fees,
penalty assessments and costs, if any, an itemized schedule listing
persons against whom forfeitures are assessed, forfeitures paid, penalties
assessed, balance of penalty due and due date. This list shall be
kept current as to the disposition of moneys due the Village and attempts
being made to collect outstanding moneys. The Village Clerk-Treasurer
shall disburse the fees as provided in § 814.65, Wis. Stats.,
and disburse any penalty assessments pursuant to § 66.0114(1)(bm),
Wis. Stats. The Municipal Judge shall maintain records of his court
and file records with appropriate agencies, with complete dispositions,
with a copy forwarded to the Police Department.
C.
Warrant fees shall be as set by the Village Board.
D.
In each Municipal Court action, except an action for
violation of an ordinance in conformity with § 347.48(2m),
the Municipal Judge shall collect a fee of $23 on each separate matter,
whether it is on default of appearance, a plea of guilty or no contest,
an issuance of a warrant or summons, or the action is tried as a contested
matter. Upon collection, the fee shall be disbursed pursuant to § 814.65(1),
Wis. Stats.
[Added 1-27-1998 by Ord. No. 1998-1]
The Village Board may by ordinance or by law
abolish the Municipal Court at the end of any term for which the Judge
has been elected.
Chapters 755 and 800, Wis. Stats., are hereby
adopted by reference.
A.
Appointment. The Municipal Judge shall in writing
appoint a Clerk of the Municipal Court. The Clerk's salary shall be
fixed by the Village Board. The Clerk of the Municipal Court shall
hold office for an indefinite term of office. The Clerk shall, before
entering upon the duties of his office, take the oath provided by
§ 19.01, Wis. Stats., and give such bond as the Board may
require. The oath and bond of the Clerk of the Municipal Court shall
be filed with the Clerk-Treasurer. The cost of such bond shall be
paid by the Village.
B.
Duties. The Court Clerk shall:
(1)
File and review citations and complaints, assuring
their correctness;
(2)
Reply to departmental mail concerning routine matters
as prescribed by the Municipal Judge;
(3)
Assign docket numbers to citations and complaints,
type the docket sheets and gather all material pertinent to cases;
(4)
Determine and schedule Court dates and facilities;
(5)
Arrange for juvenile cases to be heard away from regular
Court;
(6)
Communicate with law officers, attorneys and defendants
regarding court proceedings;
(7)
Balance dockets at the conclusion of court proceedings
and submit a copy to the police court officer and official newspaper;
(8)
Prepare and mail warrants and summons;
(9)
Prepare a monthly report of financial activities;
(10)
Assist in the collection of traffic bonds;
(11)
Prepare necessary communications for jury trials and
transfers to Circuit Court; and
(12)
Perform such other duties as may be required by the
Municipal Judge and Village Board.
[Added 11-26-2002 by Ord. No. 2002-7]
The Board does hereby adopt Ch. 785, Wis. Stats.,
granting to the Municipal Judge for the Village of Mazomanie the contempt
of court powers as set forth in Ch. 785, Wis. Stats.
