[HISTORY: Adopted by the Village Board of
the Village of Wrightstown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-27-1994 by Ord. No. 122794A]
A.
Office created. Pursuant to W.S.A. s. 755.01, there
is created the Office of Municipal Judge for the Village of Wrightstown.
B.
Election term. The Municipal Judge shall be elected
at large at the spring election in even-numbered years for a term
of four years, or until a successor is elected and qualifies, commencing
on May 1 next succeeding his or her election. Midterm vacancies in
the Office of Municipal Judge shall be filled by appointment by the
Village Board.
[Amended 9-20-2011 by Ord. No. 09202011]
C.
Inception. The Municipal Judge shall be appointed
by the Village Board and shall take office January 1, 1995. Thereafter,
the position of Municipal Judge shall be filled pursuant to W.S.A.
s. 8.50(4)(fm) and this article.
D.
Salary. The Municipal Judge shall receive a salary as determined from time to time by the Village Board, which shall be in lieu of fees and costs. No salary shall be paid to the Judge for any time during his or her term for which he or she has not executed the requirements of Subsection E.
[Amended 8-4-2020 by Ord. No. 08042020]
E.
Bond; oath.
[Amended 8-4-2020 by Ord. No. 08042020]
F.
Jurisdiction. The Municipal Judge shall have jurisdiction
as provided by law and W.S.A. s. 755.045 and exclusive jurisdiction
of violations of village ordinances, resolutions and bylaws.
A.
Court established. The Municipal Court for the Village
of Wrightstown is established pursuant to W.S.A. s. 755.01 and ch.
755.
[Amended 11-30-1999 by Ord. No. 113099B]
B.
Hours. The Municipal Court for the village shall be
open as determined by order of the Municipal Judge.
C.
Location. The Municipal Judge shall keep his or her
office and hold court in the Village designated building.
[Amended 11-30-1999 by Ord. No. 113099B; 9-20-2011 by Ord. No.
09202011]
D.
Procedure. The procedure in Municipal Court for the
village shall be as provided by this section and state law, including,
without limitation because of enumeration, W.S.A. ss. 23.66 to 23.99
and 345.20 to 345.60 and chs. 755, 778 and 800.
E.
Collection and return of forfeitures. The Municipal
Court Clerk shall collect all forfeitures, penalty assessments, fees
and taxable costs in any action or proceeding before him or her and
shall pay over such moneys to the Village Clerk-Treasurer within seven
days of collection. At such time the Municipal Court Clerk shall also
report to the Village Clerk-Treasurer the title, nature of offenses
and total amount of judgments imposed in actions and proceedings in
which such moneys were collected.
[Amended 11-30-1999 by Ord. No. 113099B]
F.
Contempt of court. 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.
G.
Penalty for contempt of court. The Municipal Judge may, upon finding any person guilty of contempt, order such person to forfeit an amount as set forth in Chapter 102, Fees and Penalties, plus the penalty assessment under W.S.A. s. 165.87. 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.
A.
Deposit schedule to be established. The Municipal
Judge shall establish and submit to the Village Board for approval,
in accordance with W.S.A. s. 800.03(3), a schedule of deposits for
violations of village ordinances, resolutions and bylaws, except traffic
regulations which are governed by W.S.A. s. 345.27 and boating violations
governed by W.S.A. s. 23.6. When approved by the Board, such deposit
schedule shall be posted in the office of the Municipal Court Clerk
and the Village Police Department.
B.
Stipulation and deposit in lieu of court appearance.
Persons cited for violations of village 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 W.S.A. ss. 800.03, 800.04
and 800.09.
C.
Traffic and boating deposits. The deposit schedule
established by the Wisconsin Judicial Conference and the procedures
set forth in W.S.A. chs. 23 and 345 shall apply to stipulations and
deposits for violations of traffic regulations enacted in accordance
with W.S.A. s. 345.27 and boating regulations enacted in accordance
with W.S.A. s. 30.77.
D.
When not permitted. Stipulations and deposits shall
not be permitted after initial appearance or in cases of contempt.
[Added 3-4-1997 by Ord. No. 030497A;
amended 8-4-2020 by Ord. No. 08042020; 5-4-2021 by Ord. No.
05042021]
A.
For
a juvenile adjudged to have violated an ordinance, a court is authorized
to impose any of the dispositions listed in Wis. Stats., §§ 938.343
and 938.344 in accordance with the provision of those statutes.
B.
For
a juvenile adjudged to have violated an ordinance who violates a condition
of a disposition order of the court under Wis. Stats., §§ 938.343
or 938.344, the Municipal Court is authorized to impose any of the
sanctions listed in Wis. Stats., § 938.355(6)(d), in accordance
with the provision of those statutes.
C.
For
a juvenile adjudged to have violated an ordinance enacted under Wis.
Stats., § 118.163, truancy, habitual truancy and school
dropout ordinance violations, the Municipal Court is authorized to
impose one or more of the dispositions listed in Wis. Stats., § 938.342,
in accordance with the provisions of those statutes.
D.
This
section is enacted under the authority of Wis. Stats., § 938.17(2)(cm).
[Adopted 3-7-1995 by Res. No. 030795A]
[Amended 11-30-1999 by Ord. No. 113099B]
It is hereby resolved that the position of Municipal
Court Clerk of the Village of Wrightstown, with compensation to be
established during the budget process, is hereby created. Said position
shall be a nonelected position with the existence of said position
to continue and, if necessary, be terminated pursuant to Wisconsin
statutes.
Said position shall be filled pursuant to Wisconsin
statutes with the employment of any existing Municipal Court Clerk,
to be regulated by and subject to all applicable Wisconsin statutes.
