12. Requires each municipal court to have a telephone number or extension
separate from any other governmental department.
13. Allows service of the summons and complaint by first class mail, in addition
to the current methods of service that are identical to those permitted in circuit court,
but does not allow the suspension of a person's operating privilege or issuance of a
warrant if the defendant was served by mail.
14. Requires the law enforcement officer or municipal employee who serves a
summons and complaint to indicate the method of service on the documents filed
with the court.
15. Clarifies that a citation or complaint may be used to start the municipal
court action, and the action is commenced when the citation or complaint is filed with
16. Includes in the citation or complaint a statement as to whether the judge
mandates that the person make a personal appearance.
17. Includes in the citation or complaint the identification of a permit issued
to the defendant or the license number of the defendant, if appropriate.
18. Allows a citation or complaint to be amended after the initial appearance
of the defendant only at the discretion of the court after a hearing or at the trial by
the court to conform to the evidence.
19. Requires the service of a copy of an amended complaint when amendment
is made before an initial appearance.
20. Clarifies that a defendant may appear in municipal court in person or by
submitting a written response to the citation or complaint, except when the court
requires the defendant to appear in person.
21. Limits the time that a defendant may be detained in jail to 48 hours if the
defendant failed to make an initial appearance or make a deposit, if the court issued
a warrant to bring the defendant before the court.
22. Provides that the municipal court may schedule a pretrial conference in
those cases where a trial has been requested, and if the parties come to an agreement
at the conference, the court may approve the agreement or disapprove the agreement
and proceed to trial.
23. Clarifies that when a transfer of a case is made because of a request for the
substitution of a judge, the parties, including the prosecutor, remain the same, and
the amount of the judgment, if any, is paid to the original municipal court from which
the case was transferred.
24. Provides that if a municipal judge disqualifies himself or herself, the case
shall be transferred to another judge in the same manner as a judge substitution
25. Allows a municipal judge who is to be temporarily absent, sick, or disabled,
subject to the order of the chief judge of the judicial administrative district, to
designate another municipal judge within the state to perform his or her duties. This
provision replaces language that allowed the municipal judge to deliver the case to
the circuit court for disposition. If the municipal judge was in the first judicial
administrative district, currently the municipal judge could also designate, for a
period of not more than 30 days, a municipal judge from within the state to perform
his or her duties. If the municipal judge was from another judicial administrative
district, current law allows the municipal judge to designate, for a period of not more
than 30 days, a municipal judge from within that district to perform his or her duties.
26. Allows a chief judge of the judicial administrative district to designate any
municipal judge within the state temporarily to perform the duties of municipal
judge when there is a permanent vacancy in the office of municipal judge.
27. Requires the municipality to provide a prosecutor for municipal court cases
and allows telephonic or audiovisual testimony at any proceeding.
28. Allows a municipal court to order community service work in lieu of
restitution without needing the defendant's agreement but still needing the
agreement of the person to whom the restitution is owed and the agreement of the
organization where the community service work would occur.
29. Allows the municipal court to order a defendant to pay restitution for any
nontraffic ordinance violation or for any drunk driving ordinance violation.
30. Clarifies that the municipal court may order the suspension of a defendant's
operating privilege if the violation was related to the operation of a motor vehicle,
which includes nonmoving traffic offenses, or if the judgment is ordered under the
juvenile justice code. The bill gives a credit of not less than $50 for each day of
31. Provides that a municipal court may order that a defendant be imprisoned
for up to 90 days for failure to pay the amount of the judgment only if the defendant
has the ability to pay the judgment, has failed to perform community service, has
failed to attend a hearing to determine if he or she is indigent, or has failed to
complete a drug assessment of treatment program.
32. Allows the municipal court to order the assignment of up to 25 percent of
the defendant's income, including lottery winning, for the payment of the judgment
and provides procedural safeguards.
33. Changes the time frame for the court to pay any money the court receives
to the municipal treasurer from 7 days to 30 days.
34. Removes the requirement that the transcript of a municipal court judgment
include the vocation of the defendant.
35. Allows the reopening of a judgment at any time by either party under some
of the specified conditions used in circuit court, rather than by only the defendant,
and allows reopening a judgment within six months in certain situations.
36. Requires the court to reopen a default judgment on the motion of the
defendant if the judgment was based on service by mail, while prohibiting any appeal
of a default judgment.
37. Specifies that contempt of court involves intentional acts in the presence
of the court that interfere with the proceedings or administration of justice or that
impair the respect due to the court, or refusal of a witness to appear without
38. Increases the maximum penalty for contempt of court from a $50 forfeiture
to a $200 forfeiture, allows imprisonment of up to 7 days, and provides that the
penalty be imposed immediately after the contempt occurs only to preserve order in
the court or protect the authority of the court and only after the person who
committed the contempt is allowed to address the court.
39. Allows the municipal court to issue a warrant to bring a witness before the
court for the contempt of court for failing to appear, to order the witness to testify,
and to order the witness to pay the cost of apprehending him or her, plus any ordered
forfeiture for the contempt.
40. Removes the requirement that a defendant execute a bond for payment of
the judgment as a requirement for the appeal of a municipal court judgment and
instead allows the municipal judge to determine if the defendant must execute a
41. Clarifies that an appeal of a municipal court decision stays both the
execution of the judgment and the enforcement of any order issued by the municipal
42. Provides that an appeal from a municipal court judgment where a trial has
been held in the municipal court shall be on the record unless a party files a timely
notice for a new trial. If a jury is requested, the bill provides that it be a six-person
43. When an appeal has been filed in a case in which testimony has been
recorded, requires the court to order that a transcript of the electronic recording be
prepared and certified, at the expense of the requester.
44. Clarifies that if an appeal is taken and the appellate court orders the
defendant to pay a forfeiture, costs, fees, or surcharges, those payments are made to
the municipal court.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB383, s. 1
111.70 (4) (mc) 4. of the statutes is created to read:
(mc) 4. The judge's authority over the supervisory tasks provided in 3
s. 755.10, if the municipal employee is a clerk who is not an employee of a city of the 4
SB383, s. 2
165.83 (2) (e) of the statutes is amended to read:
(e) Obtain and file a copy or detailed description of each arrest 7
warrant issued in this state for the offenses under par. (a) or s.
800.03 (4) 346.63 (1)
but not served because the whereabouts of the person named on the warrant 9
is unknown or because that person has left the state. All available identifying data 10
shall be obtained with the copy of the warrant, including any information indicating 11
that the person named on the warrant may be armed, dangerous or possessed of 12
SB383, s. 3
177.13 of the statutes is amended to read:
14177.13 Property held by courts and public agencies.
Except as provided 15
in ss. 40.08 (8), 800.095 (7m) (8)
, 852.01 (3), 863.37 (2) and 863.39, intangible 16
property held for the owner by a court, state or other government, governmental 17
subdivision or agency, public corporation or public authority that remains unclaimed 18
by the owner for more than one year after it became payable or distributable is 19
SB383, s. 4
302.373 (1) (b) of the statutes is amended to read:
(b) "Prisoner" means a person who is incarcerated in a jail by court 3
order under s. 800.095 (4) (b) 1 (1) (b)
SB383, s. 5
302.373 (2) (a) of the statutes is amended to read:
(a) Except as provided in par. (b), a city, village, or town may seek 6
reimbursement from the prisoner for the amount paid to a county under s. 800.095 7(6) (1) (d)
for the expenses incurred by the county to incarcerate the prisoner.
SB383, s. 6
343.30 (5) of the statutes is amended to read:
No court may suspend or revoke an operating privilege except as 10
authorized by this chapter or ch. 345, 351 or 938 or s. 767.73, 800.09 (1) (c),
800.095 11(4) (b) 4. (1) (a)
, 943.21 (3m), or 961.50. When a court revokes, suspends or restricts 12
a juvenile's operating privilege under ch. 938, the department of transportation shall 13
not disclose information concerning or relating to the revocation, suspension or 14
restriction to any person other than a court, district attorney, county corporation 15
counsel, city, village or town attorney, law enforcement agency, or the minor whose 16
operating privilege is revoked, suspended or restricted, or his or her parent or 17
guardian. Persons entitled to receive this information shall not disclose the 18
information to other persons or agencies.
SB383, s. 7
343.30 (5) of the statutes, as affected by 2007 Wisconsin Act 20
2009 Wisconsin Act .... (this act) is repealed and recreated to read:
No court may suspend or revoke an operating privilege except as 22
authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.095 (1) (a), 943.21 23
(3m), or 961.50. When a court revokes, suspends, or restricts a juvenile's operating 24
privilege under ch. 938, the department of transportation shall not disclose 25
information concerning or relating to the revocation, suspension, or restriction to any
person other than a court, district attorney, county corporation counsel, city, village, 2
or town attorney, law enforcement agency, driver licensing agency of another 3
jurisdiction, or the minor whose operating privilege is revoked, suspended, or 4
restricted, or his or her parent or guardian. Persons entitled to receive this 5
information shall not disclose the information to other persons or agencies.
SB383, s. 8
345.43 (1) of the statutes is amended to read:
If a case has been transferred under s.
800.04 (1) (d) 800.035 (5) (c)
or if in circuit court either party files a written demand for a jury trial within 10 days 9
after the defendant enters a plea of not guilty under s. 345.34 and immediately pays 10
the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar 11
of the circuit court. The number of jurors shall be 6. If no party demands a trial by 12
jury, the right to trial by jury is permanently waived.
SB383, s. 9
345.47 (1) (a) of the statutes is amended to read:
(a) That, subject to s. 800.095 (8) (1) (b)
, the defendant be imprisoned 15
for a time specified by the court until the judgment is paid, but not to exceed 90 days; 16
SB383, s. 10
345.47 (1m) of the statutes is amended to read:
If the action is in municipal court, the court shall determine, at 19
the time of entering judgment under sub. (1), whether incarceration may be ordered 20
for noncompliance with a judgment or order under this section. If incarceration may 21
be ordered because of the defendant's subsequent noncompliance with the judgment, 22
the provisions of s. 800.095 (1) to (3) and (4) (a)
SB383, s. 11
565.30 (5r) (a) of the statutes is amended to read:
(a) Annually, the administrator shall provide each municipal court
clerk of circuit court in the state with a list of the winners or assignees of a lottery
prize that is payable in installments. The list shall include each winner or assignee 2
since the date of the previous list.
SB383, s. 12
565.30 (5r) (b) of the statutes is amended to read:
(b) Subject to par. (c), if the administrator receives a notice under 5
s. 778.30 (2) (a), 800.09 (1) (c), or
973.05 (5) (a) or 778.30 (2) (a)
of the assignment of 6
lottery prizes under s. 778.30 (1) (c), 800.09 (1) (c), or
973.05 (4) (c) or 778.30 (1) (c) 7
and determines that the person subject to the assignment is a winner or assignee of 8
a lottery prize that is payable in installments, the administrator shall withhold the 9
amount of the judgment that is the basis of the assignment from the next installment 10
payment. The administrator shall submit the withheld amount to the court that 11
issued the assignment. At the time of the submittal, the administrator shall charge 12
the administrative expenses related to that withholding and submittal to the winner 13
or assignee of the lottery prize and withhold those expenses from the balance of the 14
installment payment. The administrator shall notify the winner or assignee of the 15
reason that the amount is withheld from the installment payment. If the initial 16
installment payment is insufficient to pay the judgment and administrative 17
expenses, the administrator shall withhold and submit to the court an amount from 18
any additional installment payments until the judgment and administrative 19
expenses are paid in full and the assignment is no longer in effect. The 20
administrative expenses received by the department shall be credited to the 21
appropriation under s. 20.566 (1) (h).
SB383, s. 13
755.001 of the statutes is renumbered 755.001 (intro.) and 23
amended to read:
24755.001 Definition Definitions.
(intro.) In this chapter, "judge":
means municipal judge.
SB383, s. 14
755.001 (2) of the statutes is created to read:
"Judicial administrative district" means the judicial 3
administrative district having the largest portion of the population in the 4
jurisdiction served by the judge.
SB383, s. 15
755.001 (3) of the statutes is created to read:
"Records" mean all of the records subject to SCR chapter 72.
SB383, s. 16
755.01 (1) of the statutes is amended to read:
There is created and established in and for each city, town and 9
village, a municipal court designated "Municipal Court for the ....(city, town or 10
village) of ....(name of municipality)". A municipal court created under this
11subsection is a coequal branch of the municipal government, subject to the
12superintending authority of the supreme court, through the chief judge of the judicial
This court shall become operative and function when the city 14
council, town board,
or village board adopts an ordinance or bylaw providing for the 15
election of a judge and the operation and maintenance of the court
, receives a
16certification from the chief judge of the judicial administrative district that the court
17meets the requirements under ss. 755.09, 755.10, 755.11, and 755.17, and provides
18written notification to the director of state courts of the adoption of the ordinance or
. A permanent vacancy in the office of municipal judge shall be filled under s. 20
8.50 (4) (fm). Any municipal court established under this section is not a court of 21
record. The court shall be maintained at the expense of the municipality. After July
221, 1978, any authorized municipal court courtroom personnel not in the classified
23service shall be appointed by the municipal court judge or judges
The budget of the
24municipal court shall be separate from, or contained on a separate line item from,
25the budget or line items of all other municipal departments
SB383, s. 17
755.01 (2) of the statutes is amended to read:
The governing body may by ordinance or bylaw abolish the 3
municipal court at the end of any term for which the judge has been elected or
. The governing body may not abolish the municipal court while an 5
agreement under sub. (4) is in effect.
SB383, s. 18
755.01 (4) of the statutes is amended to read:
Two or more cities, towns or villages of this state may enter into an 8
agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), 9
except that for purposes of this subsection, any agreement under s. 66.0301 shall be 10
effected by the enactment of identical ordinances by each affected city, town or 11
village. Electors of each municipality entering into the agreement shall be eligible 12
to vote for the judge of the municipal court so established. If a municipality enters 13
into an agreement with a municipality that already has a municipal court, the 14
municipalities may provide by ordinance or resolution that the judge for the existing 15
municipal court shall serve as the judge for the joint court until the end of the term 16
or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt 17
an ordinance or bylaw under sub. (1) prior to entering into the agreement. The 18
contracting municipalities need not be contiguous and need not all be in the same 19
county. Upon entering into or discontinuing such an agreement, the contracting 20
municipalities shall each transmit a certified copy of the ordinance or bylaw effecting 21
or discontinuing the agreement to the appropriate filing officer under s. 11.02 (3e) 22and to the director of state courts
. When a municipal judge is elected under this 23
subsection, candidates shall be nominated by filing nomination papers under s. 8.10 24
(6) (bm), and shall register with the filing officer specified in s. 11.02 (3e).
SB383, s. 19
755.01 (5) of the statutes is renumbered 800.04 (1) (bm) and 2
amended to read:
(bm) A municipal court shall appoint a guardian ad litem or social
4worker certified or licensed under ch. 457
for any defendant that the court has reason 5
to believe is mentally incompetent lacks substantial mental capacity to understand
6the proceedings or assist in his or her defense. The person appointed under this
7paragraph shall assist the court in making a determination concerning the
8defendant's mental capacity. If the court determines that the defendant lacks the
9mental capacity to understand the proceedings or assist in his or her defense, the
10court shall suspend the proceedings. The cost of the guardian ad litem or social
11worker shall be paid by the municipality or municipalities that established the court
The governing body may by ordinance or bylaw authorize the appointment of a 13
guardian ad litem by the municipal judge in any other matter within the jurisdiction 14
of the municipal court.
SB383, s. 20
755.02 of the statutes is amended to read:
The judges shall be elected at large for a term of 2 4
17a longer term, not exceeding 4 years, is provided by ordinance or bylaw
. The term 18
shall commence on May 1 of the year of the judge's election.
SB383, s. 21
755.03 (1) of the statutes is amended to read:
The judge shall, after election, designation
or appointment, take and 21
file the official oath as prescribed in s. 757.02 (1) and at the same time execute and 22
file an official bond in an amount to be fixed by the governing body.
23body shall pay the costs of the bond.
No judge may act as such until his or her oath
24and bond have been filed as required by s. 19.01 (4) (c) and he or she has complied
the requirements of sub. (2) have been complied with
SB383, s. 22
755.03 (2) of the statutes is amended to read:
755.03 (2) The clerk of the circuit court shall, within Within
10 days after a 3
municipal judge files takes
the oath and bond, execute and mail to, the judge shall
4file the oath and bond with
the clerk of the city, town or village
where the judge was 5
elected, a certified copy of the bond, which shall be filed and preserved in the office
6by the city, town or village clerk. The certified copy is presumptive evidence of its
7execution by the judge and sureties or appointed
. If the municipal judge is elected 8
under s. 755.01 (4), the clerk of circuit court judge
shall file copies of the oath and 9
bond with each applicable municipal clerk. The clerk of the circuit court judge
file a certified copy of the oath with the office of director of state courts within the 11
10-day time period after the judge takes the oath
SB383, s. 23
755.04 of the statutes is amended to read:
13755.04 Salary and fees.
The governing body shall fix a salary for the judge 14which shall be in lieu of fees and costs. Fees and taxable costs shall be paid into the
15municipal treasury as the governing body directs
. The salary may be increased by 16
the governing body before the start of the 2nd or a subsequent year of service of the 17
term of the judge, but shall not be decreased during a term. The salary of a municipal 18
judge who is designated or appointed under s. 8.50 (4) (fm) or 800.06 shall be 19
determined by contract between the municipality and the judge. The judge may not 20
serve until the contract is entered into. Salaries may be paid annually or in equal 21
installments as determined by the governing body, but no judge may be paid a salary 22
for any time during the term during which the judge has not executed
or her official bond or official oath, as required by s. 755.03, and filed under s. 19.01
SB383, s. 24
755.045 (1) (a) of the statutes is amended to read:
(a) If the action is transferred under s. 800.04 (1) 800.035 (5) (c)
800.05 (3) to a court of record.
SB383, s. 25
755.045 (2) of the statutes is amended to read:
A municipal judge may issue civil warrants to enforce matters 5
which are under the jurisdiction of the municipal court, as provided in ch. 800
Municipal judges are also authorized to issue inspection warrants under s. 66.0119.
SB383, s. 26
755.05 of the statutes is amended to read:
8755.05 Territorial jurisdiction.
Every judge has countywide statewide 9
jurisdiction. If elected in a city or village lying in more than one county, the judge
10shall qualify and have jurisdiction in each county, the same as though the
11municipality lay wholly therein, and may hold court in one county while exercising
12jurisdiction in the other. If elected under s. 755.01 (4) and the contracting
13municipalities lie in more than one county, the judge shall qualify and have
14jurisdiction in each county and may hold court in one county while exercising
15jurisdiction in another county as authorized by this chapter and ch. 800