[HISTORY: Adopted by the Village Board of the Village of Sauk City 11-11-2003 by Ord. No. 2003-9 (§ 2.17 of the 1970 Code); amended in its entirety 3-31-2009 by Ord. No. 2009-2. Subsequent amendments noted where applicable.]
Pursuant to the authority granted by Ch. 755, Wis. Stats., there was created and established a Joint Municipal Court designated as the "Municipal Court for the Village of Prairie du Sac and Village of Sauk City" ("Joint Court"). Said Joint Court became operative and functioning on January 1, 2004. In addition, there was created and established a Joint Court Commission to be designated the "Sauk Prairie Court Commission" on which the Village of Prairie du Sac and Village of Sauk City are represented.
Pursuant to the authority granted by Ch. 755, Wis. Stats., the Villages of Prairie du Sac and Sauk City and the Town of Roxbury jointly agree:
The Sauk Prairie Court Commission shall consist of three members, one each appointed by the Village Boards of the Village of Prairie du Sac and Village of Sauk City and the remaining member appointed at large by the two members appointed by the respective Village Boards. Effective April 1, 2009, a fourth member of the Sauk Prairie Court Commission shall be added to the Commission; such fourth member shall be appointed by Roxbury Town Board, shall be a nonvoting advisory member of the Commission, shall serve a two-year term, shall not have the right to vote on any matters before the Commission, shall have the right to participate in and be notified of Commission meetings, shall not have the right to be elected as an officer of the Commission, and shall not be counted for purposes of a quorum. Members of the Sauk Prairie Court Commission shall serve two-year terms starting May 1. The Sauk Prairie Court Commission members shall appoint a Chairperson annually. The initial appointments shall be for one or two years, as the case may be, to allow for the staggering of terms so that no more than 2/3 of the members of the Commission are appointed in any year. The Sauk Prairie Court Commission shall meet as necessary to authorize employee salaries, compile and submit an annual budget to the Village and Town Boards by September 1 of each year, and conduct other business as required.
Qualifications. The Municipal Court shall be under the jurisdiction of and presided over by a Municipal Judge, who shall be licensed to practice law in the State of Wisconsin, and who shall reside in the Village of Prairie du Sac or Village of Sauk City or the Town of Roxbury and shall have a general understanding of the general requirements of the office of Municipal Judge.
Oath and bond. The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in § 757.02(1), Wis. Stats., and at the same time execute and file an official bond in the amount of $10,000. 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(2), Wis. Stats., have been satisfied. The Sauk Prairie Court Commission shall pay for expenses associated with obtaining the oath and bond.
Term. Commencing with judicial elections held on and after January 1, 2011, the Municipal Judge shall be elected at large every fourth spring election, for a term of four years. Such term shall commence on May 1 of the year of the judge's election. 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 Sauk County Clerk shall serve as filing officer for the position of Municipal Judge. Electors in the Village of Prairie du Sac, Village of Sauk City and Town of Roxbury are eligible to vote for Municipal Judge.
[Amended 11-9-2010 by Ord. No. 2010-3]
Vacancy. A permanent vacancy in the office of Municipal Judge may be filled by temporary appointment of the Sauk Prairie Court Commission as provided for in § 8.50(4)(fm), Wis. Stats. The office shall be permanently filled by special election in the manner provided for in said statute.
Salary. The salary of the Municipal Judge shall be fixed by resolution of the Sauk Prairie Court Commission. No salary shall be paid if such Judge has not executed the official bond or official oath.
The Municipal Court has jurisdiction over incidents occurring on or after January 1, 2004, as provided in Article VII, § 14 of the Wisconsin Constitution, §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by the laws of Wisconsin. In addition, it shall have exclusive jurisdiction over actions in the Village of Prairie du Sac, Village of Sauk City, and, after April 1, 2009, in the Town of Roxbury, seeking to impose forfeitures for violations of municipal ordinances, resolutions and bylaws.
The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under §§ 755.045(2) and 66.0119, Wis. Stats.
Hours. The Municipal Court shall be open at such location and at such times as determined by the Sauk Prairie Court Commission.
Employees. The Municipal Judge shall appoint such Clerks and Deputy Clerks as are authorized by the Sauk Prairie Court Commission and funded by the Village Boards of the Village of Prairie du Sac and Village of Sauk City. The Sauk Prairie Court Commission shall fix salaries and wages for all Clerks and Deputy Clerks. The duties for all Clerks and Deputy Clerks shall be as determined by the Sauk Prairie Court Commission. All Clerks and Deputy Clerks, before entering upon the duties of the office, shall take the appropriate oath and give a bond if a bond is required by the Sauk Prairie Court Commission. The Sauk Prairie Court Commission shall pay the cost of such bond. The oath and any bond shall be filed with the Clerks of each municipality that is a member of the Commission. The Town of Roxbury shall contribute to the cost of operations for the Municipal Court through a fee and contribution schedule adopted by separate mutual agreement of the Villages and the Town.
Collection of forfeitures and costs. The Municipal Judge may impose punishment and sentences as provided by Chs. 800 and 938, Wis. Stats., and as provided in the ordinances of the Village of Prairie du Sac, Village of Sauk City and the Town of Roxbury. All forfeitures, fees, assessments, surcharges and costs shall be paid to the joint Municipal Court Clerk within seven days after receipt of the money by the Municipal Court.
The Municipal Judge may impose a forfeiture for contempt or, upon nonpayment of the forfeiture and applicable assessments, a jail sentence. The Municipal Judge may impose the maximum forfeiture and maximum jail sentence allowed by Wisconsin law.
This chapter shall take effect upon its approval by the Village Boards of the Village of Prairie du Sac, Village of Sauk City and Town of Roxbury, publication of this chapter as required by law and the approval and execution of an agreement between the Village of Prairie du Sac, Village of Sauk City and Town of Roxbury pursuant to §§ 755.01(4) and 66.0301, Wis. Stats, with said approval to be effective by the enactment of this substantively identical ordinance in each municipality.
Editor's Note: The words "this substantively identical ordinance" refer to Ord. No. 2009-2.
Town deposit schedule established. The schedule of deposits for violations of Town ordinances, other than traffic regulations, are as set forth elsewhere in the Town Ordinances, which schedule shall be applicable until such time as the Municipal Judge establishes a new schedule pursuant to § 800.03(3), Wis. Stats., and submits it to the Town Board for approval.
Traffic and all-terrain vehicle 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 stipulation and deposits for violations of traffic regulations enacted in accordance with § 345.26, Wis. Stats., and all-terrain vehicle regulations enacted in accordance with § 23.33, Wis. Stats.
Stipulation and deposits in lieu of court appearance. Persons cited for violations of Town ordinances 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. Deposits may be made in cash or by money order or certified check, in person or by postage-paid United States mail, addressed to the Municipal Court, who shall provide a receipt therefor.