Chapter 2: Municipal Court

Aug 5

2.01 COURT ESTABLISHED.

The Municipal Court for the City of Stoughton (“City”) and the Towns of Dunkirk, Rutland and Pleasant Springs (“Towns”), created by chapter 755 of the Wisconsin Statutes, is hereby established and shall become operative and functional on the effective date of this ordinance.

2.02 JURISDICTION.

The Municipal Court shall have exclusive jurisdiction of offenses against the ordinances of the City and Towns and shall exercise such jurisdiction to the fullest extent permitted under Wisconsin law.

2.03 MUNICIPAL JUDGE.

The Municipal Court shall be presided over by a Municipal Judge.

(a) Election; Term.

The Municipal Judge shall be elected at large by the electors of the City and the Towns at the spring election in even numbered years for a term of two years, or until a successor is elected and qualifies, commencing on May 1 succeeding his election. Mid-term vacancies in the office of Municipal Judge shall be filled by appointment pursuant to section 8.50(4)(fm). Wis. Stats., as agreed upon by the City and Towns.

(b) Salary.

The Municipal Judge shall receive a monthly salary paid by the City 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 filed his official bond and oath as required by paragraph (d).

The Municipal Judge shall execute and file with the Clerk of the Courts for Dane County the oath prescribed by section 757.02, Wis. Stats., and a bond. The Municipal Judge shall not be qualified to act until a certified copy of the bond is filed with the City Clerk and a certified copy of the oath is filed with the office of the State Administrator of Courts as required by Section 755.03, Wis. Stats.

(d) Authority

The Municipal Judge shall exercise such authority of the office to the fullest extent permitted under Wisconsin law.

(e) Sessions.

The Municipal Court shall be open on the days and hours set by order of the Municipal Judge.

2.04 LOCATION.

The Municipal Judge shall keep his office and hold court in the City Hall.

2.05 PROCEDURE.

The procedure in Municipal Court shall be as provided by this section and State law including. without limitation because of enumeration, chapters 800, 755 and sections 23.66 to 23.99. 288.14, 288.15, 288.18 and 345.20 to 345.53, Wis. Stats.

2.06 COLLECTION AND RETURN OF FORFEITURES.

The Municipal Judge 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 City Treasurer within seven days of collection. At such time. the Municipal Judge shall also report to the City Treasurer the title, nature of offenses, and total amount of judgements imposed in actions and proceedings in which such moneys were collected.

2.07 CONTEMPT OF COURT.

The Municipal Judge, after affording an opportunity to the person to be heard in defense, may punish for contempt of Municipal Court persons guilty of either of the following acts and no other:

(a) 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.

(b) Resistance of or disobedience to any lawful order of process made or issued by the Judge. The Municipal Judge may, upon finding any person guilty of contempt, order such person to forfeit not more than $50 plus 15% penalty assessment under section 165.87, 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.

2.08 STIPULATIONS AND DEPOSITS IN MUNICIPAL COURT.

( a ) Deposit Schedule to be Established .

The Municipal Judge shall establish and submit to the City Council for approval in accordance with section 800.03(3), Wis. Stats., a schedule of deposits for violations of City ordinances, except traffic regulations which are governed by section 345.27 Wis. Stats. and boating violations governed by section 23.67, Wis. Stats. When approved by the Council, such deposit schedule shall be posted in the office of the Municipal Court Clerk and the City Police Department. The Municipal Judge shall establish and submit to the Town Boards for approval in accordance with section 800.03(3), Wis. Stats., a schedule of deposits for violations of Town ordinances except traffic regulations which are governed by section 345.27, Wis. Stats., and boating violations governed by section 23.67, Wis. Stats. When approved by the Town Boards, such deposit schedules shall be posted at the Town Halls.

(b) Stipulation and Deposit in Lieu of Court Appearance.

Persons cited for violations of City or Town ordinances for which a deposit has been established under this subsection shall be permitted to make a stipulation of no contest and a deposit in lieu of court appearance as provided in sections 800.03, 800.04 and 800.09, Wis. Stats.

The deposit schedule established by the Wisconsin Judicial Conference and the procedures set forth in chapters 23 and 345, Wis. Stats., shall apply to stipulations and deposits for violations of traffic regulations enacted in accordance with section 345.27 and boating regulations enacted in accordance with section 30.77, Wis. Stats.

(d) When not Permitted.

Stipulations and deposits shall not be permitted after initial appearance or in cases of contempt under subsection (8).

2.09 ADMINISTERING AGREEMENT.

The Common Council and Town Boards are authorized to enter into an agreement to share the costs of maintaining the Municipal Court.

Derek Westby