800.11 Annotation
Sub. (3) lists the items that must be included in a transcript of judgment. [Bill 1240-A]
800.115
800.115
Relief from judgment. 800.115(1)
(1) A defendant in an action involving a general statutory counterpart ordinance may move for relief from the judgment under
s. 806.07 (1). Except as provided under
sub. (2), the motion must be made no later than 6 months after the judgment was entered or the order or stipulation was made.
800.115 History
History: 1987 a. 389.
800.115 Annotation
Only a defendant may seek relief under this section. However a municipal court has the inherent authority to vacate a void judgment irrespective of the statute's requirements for reopening a judgment. City of Kenosha v. Jensen,
184 Wis. 2d 91,
516 N.W.2d 4 (Ct. App. 1994).
800.12
800.12
Municipal court contempt procedure. 800.12(1)
(1) A municipal judge may impose a sanction authorized under
sub. (2) for contempt of court, as defined in
s. 785.01 (1), in accordance with the procedures under
s. 785.03.
800.12(2)
(2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under
sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, penalty assessment under
s. 757.05, jail assessment under
s. 302.46, crime laboratories and drug law enforcement assessment under
s. 165.755, any applicable consumer information assessment under
s. 100.261 and any applicable domestic abuse assessment under
s. 973.055 (1), a jail sentence not to exceed 7 days.
800.13
800.13
Recording in municipal court. 800.13(1)
(1) Every proceeding in which testimony is taken under oath in a municipal court shall be recorded by electronic means for purposes of appeal.
800.13(2)
(2) Notwithstanding
sub. (1), a municipal court is not a court of record.
800.13 History
History: 1977 c. 305;
1979 c. 32 s.
68;
1979 c. 237; Stats. 1979 s. 800.13.
800.13 Note
Judicial Council Committee's Note, 1977: Sub. (1) requires that all testimony taken under oath in municipal court must be recorded by electronic means. Electronic means requires only a tape recorder and a microphone or microphones sufficient to pick up all testimony given under oath. The capacity of the recorder is defined to assure compatibility of equipment upon appeal. The municipal judge has the responsibility to make sure that the recorded testimony in his or her court is done in such a way that the individual giving the testimony can be readily identified.
800.13 Annotation
Sub. (2) makes clear that the municipal court is not a court of record. The only purpose of recording testimony in municipal court by electronic means is to establish a record for appeal to a court of record. [Bill 1240-A]
800.14
800.14
Appeal from municipal court decision. 800.14(1)(1) Appeals from judgments of municipal courts may be taken by either party to the circuit court of the county where the offense occurred. The appellant shall appeal by giving the municipal judge written notice of appeal within 20 days after judgment.
800.14(2)
(2) On appeal by the defendant, the defendant shall execute a bond to the municipality with or without surety, approved by the municipal judge, that if the judgment is affirmed in whole or in part the defendant shall pay the judgment and all costs awarded on appeal.
800.14(3)
(3) On meeting the requirements for appeal, execution on the judgment of the municipal court shall be stayed until the final disposition of the appeal.
800.14(4)
(4) Upon the request of either party within 20 days after notice of appeal under
sub. (1), or on its own motion, the circuit court shall order that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless the appellant requests a jury trial in the notice of appeal under
sub. (1). The required fee for a jury is prescribed in
s. 814.61 (4).
800.14(5)
(5) If there is no request or motion under
sub. (4), an appeal shall be based upon a review of a transcript of the proceedings. The municipal judge shall direct that the transcript be prepared from the electronic recording under
s. 800.13 (1) and shall certify the transcript. The costs of the transcript shall be paid for under
s. 814.65 (5). The electronic recording and the transcript shall be transferred to the circuit court for review.
800.14(6)
(6) The disposition of the appeal shall be certified to the municipal court by the reviewing court within 30 days of the judgment of the reviewing court.
800.14 History
History: 1977 c. 305;
1979 c. 32 ss.
68,
92 (17);
1979 c. 237; Stats. 1979 s. 800.14;
1981 c. 317 s.
2202;
1987 a. 389.
800.14 Annotation
Review under sub. (5) is analogous to appellate review of a trial to the court under s. 805.17 (2). Village of Williams Bay v. Metzl,
124 Wis. 2d 356,
369 N.W.2d 186 (Ct. App. 1985).
800.14 Annotation
That sub. (4) only allows the appellant to request a jury trial is not an unconstitutional denial of equal protection. Village of Oregon v. Waldofsky,
177 Wis. 2d 412,
501 N.W.2d 912 (Ct. App. 1993).
800.14 Annotation
Where a municipal court found the defendant guilty of OWI and dismissed a blood alcohol count charge without finding guilt, the defendant's appeal of the OWI conviction did not give the circuit court jurisdiction to here the BAC charge absent an appeal of the dismissal. Town of Menasha v. Bastian,
178 Wis. 2d 191,
503 N.W.2d 382 (Ct. App. 1993).
800.14 Annotation
There is no statutory or constitutional requirement that a circuit court must hold a hearing or request briefs when conducting a transcript review under sub. (5). This section, when considered as a whole, affords municipal court appellants a meaningful right to be heard. City of Middleton v. Hennen,
206 Wis. 2d 346,
557 N.W.2d 818 (Ct. App. 1996).
800.14 Annotation
That sub. (4) only allows the appellant to request a jury trial does not deny the respondent the constitutional right to equal protection. City of Kenosha v. Leese,
228 Wis. 2d 806,
598 N.W.2d 278 (Ct. App. 1999).
800.14 Annotation
Sub. (4) does not permit a new trial before the circuit court when the case was judicially resolved by the municipal court, but not fully litigated on the merits. A case dismissed before trial could not be appealed under sub. (4). Village of Menomonee Falls v. Meyer,
229 Wis. 2d 811,
601 N.W.2d 666 (Ct. App. 1999).
