2009 WISCONSIN ACT 402
An Act to repeal 755.09 (3), 800.01 (1) (b), 800.01 (1) (c), 800.02 (2) (a) 8m., 800.02 (3), 800.03, 800.04 (title), 800.04 (1) (a) to (c), 800.04 (1) (e), 800.04 (1) (f), 800.04 (3), 800.04 (4), 800.04 (5), 800.05 (2), 800.09 (1) (c) and 800.09 (2); to renumber 800.02 (2) (a) 1., 800.02 (2) (a) 2., 800.02 (2) (a) 5. and 6., 800.02 (2) (a) 8., 800.02 (2) (a) 9., 800.02 (2) (a) 10., 800.04 (2) (a) and 800.05 (4); to renumber and amend 755.001, 755.01 (5), 755.10, 800.02 (2) (a) (intro.), 800.02 (2) (a) 3., 800.02 (2) (a) 4., 800.02 (2) (a) 7., 800.04 (1) (d), 800.04 (2) (b), 800.04 (2) (c), 800.04 (2m), 800.09 (1) (intro.), 800.09 (1) (a) and 800.09 (1) (b);
to consolidate, renumber and amend 800.01 (1) (intro.) and (a); to amend 165.83 (2) (e), 177.13, 302.373 (1) (b), 302.373 (2) (a), 343.30 (5), 345.43 (1), 345.47 (1) (a), 345.47 (1m), 565.30 (5r) (a), 565.30 (5r) (b), 755.01 (1), 755.01 (2), 755.01 (4), 755.02, 755.03 (1), 755.03 (2), 755.04, 755.045 (1) (a), 755.045 (2), 755.05, 755.06, 755.09 (1), 755.09 (2), 755.11, 755.15, 755.16, 755.17 (title), 755.17 (1), 755.17 (2), 755.18 (title), 755.18 (1), 755.19 (2) (a), 755.21 (intro.), 778.30 (1) (intro.), 800.02 (1), 800.02 (2) (am), 800.02 (2) (b), 800.025, 800.05 (title), 800.05 (1), 800.05 (3), 800.06 (2), 800.06 (3), 800.065 (title), 800.065 (1), 800.065 (3), 800.065 (4), 800.07, 800.08 (1), 800.08 (2) (a), 800.08 (2) (b), 800.08 (3), 800.08 (4), 800.09 (title), 800.093 (1) (intro.), 800.093 (1) (a), 800.093 (2), 800.093 (3) (b) (intro.), 800.093 (4) (intro.), 800.093 (5) (intro.), 800.10 (1), 800.10 (2), 800.11 (1) (intro.), 800.11 (1) (a), 800.11 (1) (g), 800.11 (1) (q), 800.11 (2), 800.11 (3) (c), 800.11 (4), 800.13 (1), 800.14 (1), 800.14 (2), 800.14 (3), 800.14 (4), 800.14 (5), 800.14 (6) and 938.237 (2); to repeal and recreate 343.30 (5), 800.001, 800.01 (2), 800.02 (2) (title), 800.06 (1), 800.095, 800.115 and 800.12; and to create 111.70 (4) (mc) 4., 755.001 (2), 755.001 (3), 755.10 (2), 755.17 (1m), 755.17 (3), 755.17 (4), 800.01 (2m), 800.02 (2) (ag) 1m., 800.02 (2) (ag) 9m., 800.035, 800.037, 800.045, 800.05 (4) (a), 800.05 (5), 800.085 and 800.09 (1b) (b), (c), (d) and (e) of the statutes; relating to: municipal court elections, judges, and procedure, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
402,1
Section
1. 111.70 (4) (mc) 4. of the statutes is created to read:
111.70 (4) (mc) 4. The judge's authority over the supervisory tasks provided in s. 755.10, if the municipal employee is a clerk who is not an employee of a city of the first class.
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Section
2. 165.83 (2) (e) of the statutes is amended to read:
165.83 (2) (e) Obtain and file a copy or detailed description of each arrest warrant issued in this state for the offenses under par. (a) or s. 800.03 (4) 346.63 (1) or (5) but not served because the whereabouts of the person named on the warrant is unknown or because that person has left the state. All available identifying data shall be obtained with the copy of the warrant, including any information indicating that the person named on the warrant may be armed, dangerous or possessed of suicidal tendencies.
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Section
3. 177.13 of the statutes is amended to read:
177.13 Property held by courts and public agencies. Except as provided in ss. 40.08 (8), 800.095 (7m) (8), 852.01 (3), 863.37 (2) and 863.39, intangible property held for the owner by a court, state or other government, governmental subdivision or agency, public corporation or public authority that remains unclaimed by the owner for more than one year after it became payable or distributable is presumed abandoned.
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Section
4. 302.373 (1) (b) of the statutes is amended to read:
302.373 (1) (b) "Prisoner" means a person who is incarcerated in a jail by court order under s. 800.095 (4) (b) 1 (1) (b).
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Section
5. 302.373 (2) (a) of the statutes is amended to read:
302.373 (2) (a) Except as provided in par. (b), a city, village, or town may seek reimbursement from the prisoner for the amount paid to a county under s. 800.095 (6) (1) (d) for the expenses incurred by the county to incarcerate the prisoner.
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Section
6. 343.30 (5) of the statutes is amended to read:
343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351 or 938 or s. 767.73, 800.09 (1) (c), 800.095
(4) (b) 4. (1) (a), 943.21 (3m), or 961.50. When a court revokes, suspends or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.
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Section
7. 343.30 (5) of the statutes, as affected by
2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.095 (1) (a), 943.21 (3m), or 961.50. When a court revokes, suspends, or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.
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Section
8. 345.43 (1) of the statutes is amended to read:
345.43 (1) 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 after the defendant enters a plea of not guilty under s. 345.34 and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar of the circuit court. The number of jurors shall be 6. If no party demands a trial by jury, the right to trial by jury is permanently waived.
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Section
9. 345.47 (1) (a) of the statutes is amended to read:
345.47 (1) (a) That, subject to s. 800.095 (8) (1) (b), the defendant be imprisoned for a time specified by the court until the judgment is paid, but not to exceed 90 days; or
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Section
10. 345.47 (1m) of the statutes is amended to read:
345.47 (1m) If the action is in municipal court, the court shall determine, at the time of entering judgment under sub. (1), whether incarceration may be ordered for noncompliance with a judgment or order under this section. If incarceration may be ordered because of the defendant's subsequent noncompliance with the judgment, the provisions of s. 800.095 (1) to (3) and (4) (a) (b) apply.
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Section
11. 565.30 (5r) (a) of the statutes is amended to read:
565.30 (5r) (a) Annually, the administrator shall provide each municipal court and 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 since the date of the previous list.
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Section
12. 565.30 (5r) (b) of the statutes is amended to read:
565.30 (5r) (b) Subject to par. (c), if the administrator receives a notice under s. 778.30 (2) (a), 800.09 (1) (c), or 973.05 (5) (a) or 778.30 (2) (a) of the assignment of lottery prizes under s. 778.30 (1) (c), 800.09 (1) (c), or 973.05 (4) (c) or 778.30 (1) (c) and determines that the person subject to the assignment is a winner or assignee of a lottery prize that is payable in installments, the administrator shall withhold the amount of the judgment that is the basis of the assignment from the next installment payment. The administrator shall submit the withheld amount to the court that issued the assignment. At the time of the submittal, the administrator shall charge the administrative expenses related to that withholding and submittal to the winner or assignee of the lottery prize and withhold those expenses from the balance of the installment payment. The administrator shall notify the winner or assignee of the reason that the amount is withheld from the installment payment. If the initial installment payment is insufficient to pay the judgment and administrative expenses, the administrator shall withhold and submit to the court an amount from any additional installment payments until the judgment and administrative expenses are paid in full and the assignment is no longer in effect. The administrative expenses received by the department shall be credited to the appropriation under s. 20.566 (1) (h).
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Section
13. 755.001 of the statutes is renumbered 755.001 (intro.) and amended to read:
755.001 Definition Definitions. (intro.) In this chapter, "judge":
(1) "Judge" means municipal judge.
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Section
14. 755.001 (2) of the statutes is created to read:
755.001 (2) "Judicial administrative district" means the judicial administrative district having the largest portion of the population in the jurisdiction served by the judge.
402,15
Section
15. 755.001 (3) of the statutes is created to read:
755.001 (3) "Records" mean all of the records subject to SCR chapter 72.
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Section
16. 755.01 (1) of the statutes is amended to read:
755.01 (1) There is created and established in and for each city, town and village, a municipal court designated "Municipal Court for the ....(city, town or village) of ....(name of municipality)". This A municipal court created under this subsection is a coequal branch of the municipal government, subject to the superintending authority of the supreme court, through the chief judge of the judicial administrative district. A court shall become operative and function after the effective date of this subsection .... [LRB inserts date], when the city council, town board, or village board adopts an ordinance or bylaw providing for the election of a judge and the operation and maintenance of the court, receives a certification from the chief judge of the judicial administrative district that the court meets the requirements under ss. 755.09, 755.10, 755.11, and 755.17, and provides written notification to the director of state courts of the adoption of the ordinance or bylaw. A permanent vacancy in the office of municipal judge shall be filled under s. 8.50 (4) (fm). Any municipal court established under this section is not a court of record. The court shall be maintained at the expense of the municipality. After July 1, 1978, any authorized municipal court courtroom personnel not in the classified service shall be appointed by the municipal court judge or judges The municipal governing body shall determine the amount budgeted for court maintenance and operations. The budget of the municipal court shall be separate from, or contained on a separate line item from, the budget or line items of all other municipal departments.
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Section
17. 755.01 (2) of the statutes is amended to read:
755.01 (2) The governing body may by ordinance or bylaw abolish the municipal court as part of a consolidation under s. 66.0229 or at the end of any term for which the judge has been elected or appointed. The governing body may not abolish the municipal court while an agreement under sub. (4) is in effect.
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Section
18. 755.01 (4) of the statutes is amended to read:
755.01 (4) Two or more cities, towns or villages of this state may enter into an agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), except that for purposes of this subsection, any agreement under s. 66.0301 shall be effected by the enactment of identical ordinances by each affected city, town or village. Electors of each municipality entering into the agreement shall be eligible to vote for the judge of the municipal court so established. If a municipality enters into an agreement with a municipality that already has a municipal court, the municipalities may provide by ordinance or resolution that the judge for the existing municipal court shall serve as the judge for the joint court until the end of the term or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt an ordinance or bylaw under sub. (1) prior to entering into the agreement. The contracting municipalities need not be contiguous and need not all be in the same county. Upon entering into or discontinuing such an agreement, the contracting municipalities shall each transmit a certified copy of the ordinance or bylaw effecting or discontinuing the agreement to the appropriate filing officer under s. 11.02 (3e) and to the director of state courts. When a municipal judge is elected under this subsection, candidates shall be nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with the filing officer specified in s. 11.02 (3e).
402,19
Section
19. 755.01 (5) of the statutes is renumbered 800.04 (1) (bm) and amended to read:
800.04 (1) (bm) A municipal court shall appoint a guardian ad litem or social worker certified or licensed under ch. 457 for any defendant that the court has reason to believe is mentally incompetent lacks substantial mental capacity to understand the proceedings or assist in his or her defense. The person appointed under this paragraph shall assist the court in making a determination concerning the defendant's mental capacity. If the court determines that the defendant lacks the mental capacity to understand the proceedings or assist in his or her defense, the court shall suspend the proceedings. The cost of the guardian ad litem or social worker 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 guardian ad litem by the municipal judge in any other matter within the jurisdiction of the municipal court.
402,20
Section
20. 755.02 of the statutes is amended to read:
755.02 Term. The judges shall be elected at large for a term of 2 4 years unless a longer different term, not exceeding 4 years nor less than 2 years, is provided by charter ordinance or bylaw enacted under s. 66.0101. The term shall commence on May 1 of the year of the judge's election.
402,21
Section
21. 755.03 (1) of the statutes is amended to read:
755.03 (1) The judge shall, after election, designation or appointment, take and file the official oath as prescribed in s. 757.02 (1) and at the same time execute and file an official bond in an amount to be fixed by the governing body. The governing body shall pay the costs of the bond. No judge may act as such until his or her oath and bond have been filed as required by s. 19.01 (4) (c) and he or she has complied with the requirements of sub. (2) have been complied with.
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Section
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 municipal judge files takes the oath and bond, execute and mail to, the judge shall file the oath and bond with the clerk of the city, town or village, where the judge was elected, a certified copy of the bond, which shall be filed and preserved in the office by the city, town or village clerk. The certified copy is presumptive evidence of its execution by the judge and sureties or appointed. If the municipal judge is elected under s. 755.01 (4), the clerk of circuit court judge shall file copies of the oath and bond with each applicable municipal clerk. The clerk of the circuit court judge shall file a certified copy of the oath with the office of director of state courts within the 10-day time period after the judge takes the oath.
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Section
23. 755.04 of the statutes is amended to read:
755.04 Salary and fees. The governing body shall fix a salary for the judge which shall be in lieu of fees and costs. Fees and taxable costs shall be paid into the municipal treasury as the governing body directs. The salary may be increased by the governing body before the start of the 2nd or a subsequent year of service of the term of the judge, but shall not be decreased during a term. The salary of a municipal judge who is designated or appointed under s. 8.50 (4) (fm) or 800.06 shall be determined by contract between the municipality and the judge. The judge may not serve until the contract is entered into. Salaries may be paid annually or in equal installments as determined by the governing body, but no judge may be paid a salary for any time during the term during which the judge has not executed and filed his or her official bond or official oath, as required by s. 755.03, and filed under s. 19.01 (4) (c).
402,24
Section
24. 755.045 (1) (a) of the statutes is amended to read:
755.045 (1) (a) If the action is transferred under s. 800.04 (1) 800.035 (5) (c) or 800.05 (3) to a court of record.
402,25
Section
25. 755.045 (2) of the statutes is amended to read:
755.045 (2) A municipal judge may issue civil warrants to enforce matters 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.
402,26
Section
26. 755.05 of the statutes is amended to read:
755.05 Territorial jurisdiction. Every judge has countywide statewide jurisdiction
. If elected in a city or village lying in more than one county, the judge shall qualify and have jurisdiction in each county, the same as though the municipality lay wholly therein, and may hold court in one county while exercising jurisdiction in the other. If elected under s. 755.01 (4) and the contracting municipalities lie in more than one county, the judge shall qualify and have jurisdiction in each county and may hold court in one county while exercising jurisdiction in another county as authorized by this chapter and ch. 800.
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Section
27. 755.06 of the statutes is amended to read:
