LRB-4370/1
PJH:cjs:rs
2013 - 2014 LEGISLATURE
March 24, 2014 - Introduced by Representative J. Ott, cosponsored by Senator
Grothman. Referred to Committee on Judiciary.
AB881,1,2
1An Act to amend 808.03 (1) (c) and 808.03 (1) (d) of the statutes;
relating to:
2appealing a municipal court matter after review by a circuit court.
Analysis by the Legislative Reference Bureau
Under current law, a final judgment or a final order of a circuit court may
generally be appealed to the court of appeals. Under current law, a judgment or order
of a circuit court in a traffic forfeiture or a municipal ordinance case is considered
final when it disposes of the entire matter in litigation as to one or more of the parties,
and is either reduced to writing and filed with the circuit court or, after the matter
is prosecuted in circuit court, recorded in a docket entry.
In Village of McFarland v. Zetzman, 2012 WI App 49, the court of appeals held
that in a traffic forfeiture case or other municipal ordinance case, for the purpose of
determining whether a matter may be appealed, the matter may be considered
"prosecuted in circuit court" if the matter was initially heard in municipal court and
subsequently reviewed by the circuit court.
This bill clarifies the language in current law to conform with the
Zetzman
decision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB881,1
3Section
1. 808.03 (1) (c) of the statutes is amended to read:
AB881,2,3
1808.03
(1) (c) Recorded in docket entries in traffic regulation cases prosecuted
2in
, or following a decision in a municipal court, appealed to, circuit court if a person
3convicted of a violation may be ordered to pay a forfeiture.
AB881,2
4Section
2. 808.03 (1) (d) of the statutes is amended to read:
AB881,2,65
808.03
(1) (d) Recorded in docket entries in municipal ordinance violation cases
6prosecuted in
, or following a decision in a municipal court, appealed to, circuit court.
