800.04(1)(a)(a) When a defendant appears or is brought before a municipal court, the municipal judge shall read the charge as stated in the warrant, complaint or citation to the defendant and shall explain the range of penalties which may be imposed.
800.04(1)(b)1.1. The court shall inform the defendant of all of the following:
800.04(1)(b)1.a.
a. That he or she may plead guilty, not guilty or no contest or may request a continuance.
800.04(1)(b)1.d.
d. That if the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and the violation resulted in damage to the property of or physical injury to a person other than the defendant, the court may order the defendant to pay restitution under
s. 800.093.
800.04(1)(b)2.
2. The defendant shall plead to the charges and the municipal judge shall enter the plea in the court record. If the defendant refuses to plead, the municipal judge shall enter a plea of not guilty.
800.04(1)(c)
(c) If the defendant pleads guilty or no contest, the court shall convict the defendant of the offense charged and render judgment.
800.04(1)(d)
(d) If a defendant charged with the violation of an ordinance which is in conformity with
s. 346.63 (1) or
(5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge shall promptly transmit all papers and fees in the cause to the clerk of the circuit court of the county where the violation occurred for a jury trial under
s. 345.43. The plea of not guilty and request for jury trial may be made by mail. The amount of deposit set out in the citation shall accompany the mailed request. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or by mail is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in
s. 814.61 (4).
800.04(1)(e)
(e) If the defendant agrees to immediate trial by the court, and the municipality is prepared for trial, the case may be tried immediately. If trial is not held immediately, the municipal judge shall then set a date for trial by the court or advise the defendant that he or she will later be notified of the date set for trial.
800.04(1)(f)
(f) If a trial by the court is not held immediately, the municipal judge may, in his or her discretion, schedule a pretrial conference before the court. Upon agreement by all parties, the parties may waive the pretrial conference. The court shall prepare a written order that contains the action taken at the pretrial conference and sets the trial date.
800.04(2)(a)(a) A municipal judge may release a defendant without a deposit.
800.04(2)(b)
(b) If the municipal judge determines that the defendant should not be released under
par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under
s. 345.26 (2) (a) or under
s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under
s. 757.05, any jail assessment that would be applicable under
s. 302.46 (1), any crime laboratories and drug law enforcement assessment that would be applicable under
s. 165.755, any consumer protection assessment that would be applicable under
s. 100.261, and any domestic abuse assessment that would be applicable under
s. 973.055 (1). If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under
par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.
800.04(2)(c)
(c) If the defendant has made a deposit under
par. (b) or
s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, a penalty assessment imposed by
s. 757.05, a jail assessment imposed by
s. 302.46 (1), a crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable consumer protection assessment imposed by
s. 100.261, and any applicable domestic abuse assessment imposed by
s. 973.055 (1) plus costs, including the fee prescribed in
s. 814.65 (1), not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in
s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under
s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.
800.04(2m)
(2m) If a defendant does not appear at the initial appearance, the court may issue a warrant to bring the defendant before the court. Upon proof of personal service of the summons or citation under
s. 800.01 (1), or upon proof of service of the summons or citation under
s. 801.11 (1) (b), the court may enter a default judgment by reason of the failure of a defendant to respond to a citation under
s. 800.02 (2) (a) or a summons under
s. 800.02 (4). If a warrant is issued for a defendant under this subsection, the defendant may be detained in jail prior to the initial appearance.
800.04(3)(a)(a) If the court accepts a plea of no contest or judgment is entered against a defendant by default, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, reopen the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.
800.04(3)(b)
(b) In this subsection, "default judgment" means only a judgment where there has been a plea of no contest and a forfeiture of a deposit.
800.04(3)(c)
(c) This subsection does not apply to actions involving general statutory counterpart ordinances. Those actions are subject to
s. 800.115.
800.04(4)
(4) If a case is brought before a court that does not have jurisdiction, the case shall be transferred to the proper court.
800.04(5)
(5) Unless good cause to the contrary is shown, appearances referred to in this section may be conducted by telephone or by interactive video and audio transmission, if available. If testimony is to be taken under oath, the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge. The court may permit a hearing under this section to be conducted by telephone or by interactive video and audio transmission only if the defendant consents. The defendant's consent may be made by telephone.
800.04 Note
Judicial Council Committee's Note, 1977: This section sets out the procedure to be used when a defendant initially appears before a municipal court. Sub. (1) (b) lists various information that must be brought to the defendant's attention at the initial appearance. Provision is made for a defendant to plead guilty or no contest at the initial appearance or to request a continuance. A plea of no contest means admission of guilt for purposes of the ordinance violation only and does not bind the defendant in a civil suit for the same wrong.
800.04 Annotation
Sub. (1) (d) sets out the procedure for the defendant to request a jury trial after pleading not guilty.
800.04 Annotation
Sub. (1) (e) provides that if a defendant pleads not guilty and agrees to immediate trial, the trial may be held at the same time as the defendant makes his or her initial appearance.
800.04 Annotation
Sub. (2) sets out the procedure for a municipal judge to release a defendant with or without a deposit. If a deposit is required, sub. (2) (b) sets out the procedure for determining what the deposit should be.
800.04 Annotation
Sub. (2) (c) sets out the procedure for a municipal judge to follow if a defendant has made a deposit and does not appear at the time of trial. It also allows the defendant to reopen a plea of no contest within 6 months if the plea was originally given due to mistake, inadvertence, surprise or excusable neglect. [Bill 1240-A]
800.05
800.05
Substitution of municipal judge. 800.05(1)
(1) In cases specified in
s. 800.02 (1), a person charged with a violation may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty.
800.05(2)
(2) Except as provided in
sub. (4), no person may file more than one such written request in any one action.
800.05(3)
(3) In municipal court, upon receipt of the written request, the original judge shall have no further jurisdiction in the case except as provided in
sub. (1) and except to determine if the request was made timely and in proper form. If no determination is made within 7 days, the court shall refer the matter to the chief judge for the determination and reassignment of the action as necessary. If the request is determined to be proper, the case shall be transferred as provided in
s. 751.03 (2). Upon transfer, the municipal judge shall transmit to the appropriate court all the papers in the action and the action shall proceed as if it had been commenced in that court.
800.05(4)
(4) If upon an appeal from a judgment or order or upon a writ of error the appellate court orders a new trial or reverses or modifies the judgment or order in a manner such that further proceedings in the municipal court are necessary, the person charged with a violation may file a request under
sub. (1) within 20 days after the entry of the judgment or decision of the appellate court whether or not another request was filed prior to the time the appeal or writ of error was taken.
800.05 History
History: 1977 c. 305,
447;
1977 c. 449 s.
496;
1979 c. 32 ss.
68,
92 (17); Stats. 1979 s. 800.05;
1987 a. 151.
800.05 Note
Judicial Council Committee's Note, 1977: This section sets out the procedures to be used when a defendant requests a substitution of a new judge in an ordinance violation case. The request must be made not later than 7 days after the initial appearance in the case by the defendant.
800.05 Annotation
The section also provides that the same administrative procedure for assignment of judges in courts of record when a request for substitution has been made will also be used in assigning a municipal judge to replace a municipal judge for whom a request for substitution has been made. [Bill 1240-A]
800.05 Annotation
Sub. (3) did not authorize the chief judge of a judicial district to issue a rule providing that when a case is transferred on substitution, the receiving court is entitled to the forfeitures and that the receiving court's prosecutors try the case. City of West Allis v. Sheedy,
211 Wis. 2d 92,
564 N.W.2d 708 (1997).
800.06
800.06
Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial. 800.06(1)
(1) If any municipal judge is to be temporarily absent or is sick or disabled, the municipal judge may deliver the court record and all papers relating to any pending action to the circuit court of the county and the circuit court may try the action and enter judgment as though the action was begun before that court or the municipal judge may by written order, filed in the court and with the approval of the chief judge of the judicial administrative district, do one of the following:
800.06(1)(a)
(a) If the municipal judge is from the 1st judicial administrative district, designate another municipal judge from any municipality within the state to perform his or her duties for a period not to exceed 30 days.
800.06(1)(b)
(b) If the municipal judge is from a judicial administrative district other than the 1st judicial administrative district, designate another municipal judge within the same judicial administrative district to perform his or her duties for a period not to exceed 30 days.
800.06(2)
(2) If any municipal judge is incompetent, unable or fails to act,
s. 751.03 (2) applies. The parties and their attorneys shall be notified of the transfer to another judge or to circuit court prior to trial. The judge designated or the circuit court to which the case is transferred may, while in possession of the court record, issue execution upon or give a certified transcript of any unsatisfied judgment appearing in the record.
800.06(3)
(3) Notwithstanding
s. 751.03 (2), if there is a permanent vacancy in the office of municipal judge, the chief judge of the judicial administrative district may, upon request by the municipal governing body, designate another municipal judge to perform the duties of the office until the municipal governing body fills the vacancy by temporary appointment under
s. 8.50 (4) (fm). The chief judge of the 1st judicial administrative district may designate a municipal judge under this subsection from any municipality within the state. The chief judge of a judicial administrative district other than the 1st judicial administrative district may designate a municipal judge under this subsection from any municipality within the same judicial administrative district as the chief judge. The municipal judge designated under this subsection may exercise all of the authority of the municipal court to which he or she is assigned.
800.06 Note
Judicial Council Committee's Note, 1977: This section governs the procedures to be followed when a municipal judge is temporarily absent from court or is sick or disabled. Another municipal judge may be designated to perform the duties of his or her court for a period not to exceed 30 days.
800.06 Annotation
If a municipal judge is incompetent, unable or fails to act, or if the office of municipal judge is vacant, the provisions of s. 751.03 (5) [(2)] for assignment of another municipal judge to the court applies. [Bill 1240-A]
800.065
800.065
Temporary reserve judges; service. 800.065(1)
(1)
Definitions. In this section, "temporary reserve judge" means a judge for a municipal court for any municipality within the judicial administrative district appointed by the chief judge of that district to perform such specified duties on a day-by-day basis as the chief judge may direct.
800.065(2)
(2) Eligibility. Any of the following persons may serve as a temporary reserve judge:
800.065(2)(a)
(a) A person who has served a total of 8 or more years as a municipal judge.
800.065(2)(b)
(b) A person who has served 4 or more years as a municipal judge and who was not defeated at the most recent time he or she sought election to judicial office.
800.065(3)
(3) Compensation. Notwithstanding
s. 755.04, temporary reserve judges under this section shall receive compensation in an amount agreed to by contract between the municipality and the temporary reserve judge. The judge may not serve until the contract is entered into and the judge has complied with
s. 755.03.
800.065(4)
(4) Training. All persons serving as temporary reserve judges under this section are subject to
s. 755.18.
800.065 History
History: 1987 a. 389.
800.07
800.07
Discovery in municipal court. Neither party is entitled to pretrial discovery, except that if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under
s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed.
800.07 History
History: 1977 c. 305;
1979 c. 32 s.
68; Stats. 1979 s. 800.07;
1987 a. 389.
800.07 Note
Judicial Council Committee's Note, 1977: Discovery prior to trial in municipal court in ordinance violation cases is limited to the court ordering, upon cause shown by a party, production of documents, including lists of names of witnesses, under s. 804.09 or the inspection of any devices used by the prosecutor in determining whether an ordinance violation has occurred. [Bill 1240-A]
800.08
800.08
Procedure at trial. 800.08(1)(1) In a trial before a municipal court, the municipality may provide a prosecutor who is an attorney authorized or licensed to practice law in this state. The municipality shall first offer evidence in support of the citation or complaint. The defendant may offer evidence after the municipality has rested. If the municipality and the defendant have offered evidence upon the citation or complaint, the parties may then respectively offer rebuttal testimony only, unless the court permits them to offer evidence upon their original case. Both parties shall have the opportunity to question all witnesses.
800.08(2)(a)(a) Before testifying in a municipal court, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress the witness with the duty to testify truthfully.
800.08(2)(b)
(b) The oath may be administered by the municipal judge or his or her designee substantially in the following form: Do you solemnly swear that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God.
800.08(2)(c)
(c) Every person who declares that he or she has conscientious scruples against taking the oath, or swearing in the usual form, shall make a solemn declaration or affirmation, which may be in the following form: Do you solemnly, sincerely and truly declare and affirm that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth; and this you do under the pains and penalties of perjury.
800.08(2)(d)
(d) The assent to the oath or affirmation by the person making it may be manifested by the uplifted hand.
800.08(3)
(3) The standard of proof for conviction of any person charged with violation of any municipal ordinance, bylaw or resolution specified in
s. 800.02 (1) shall be evidence that is clear, satisfactory and convincing.
800.08 History
History: 1977 c. 305;
1979 c. 32 ss.
68,
92 (17); Stats. 1979 s. 800.08;
1997 a. 205.
800.08 Note
Judicial Council Committee's Note, 1977: This section sets out the procedure to be followed at trial before a municipal court in ordinance violation cases.
800.08 Annotation
Sub. (1) states the order of presentation of evidence. After the municipality offers evidence in support of the violation, the defendant may present evidence. After each side has offered evidence upon the violation, only rebuttal testimony is allowed unless the court permits otherwise.
800.08 Annotation
Every witness testifying in a municipal court must be sworn. Subsection (2) sets out the method of swearing a witness.
800.08 Annotation
Sub. (3) states that the standard of proof for conviction in a municipal court shall be evidence that is clear, satisfying and convincing.
800.08 Annotation
Sub. (4) states that the Wisconsin Rules of Evidence, chs. 901 to 911, shall apply in municipal court. [Bill 1240-A]
800.09
800.09
Judgment; failure to appear; plea of guilty. 800.09(1)(1)
Judgment. If a municipal court finds a defendant guilty it may render judgment by ordering restitution under
s. 800.093 and payment of a forfeiture, the penalty assessment imposed by
s. 757.05, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable consumer protection assessment imposed by
s. 100.261, and any applicable domestic abuse assessment imposed by
s. 973.055 (1) plus costs of prosecution, including the fee prescribed in
s. 814.65 (1). The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, assessments, and costs. If the judgment is not paid, the court may proceed under
par. (a),
(b), or
(c) or any combination of those paragraphs, as follows:
800.09(1)(a)
(a) The court may defer payment of any judgment or provide for installment payments. At the time the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in
s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in
par. (c), if applicable. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. In 1st class cities, all of the written information required by this paragraph shall be printed in English and Spanish and provided to each defendant.
800.09(1)(b)
(b) If the defendant agrees to perform community service work in lieu of making restitution or paying the forfeiture, assessments and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under
ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
800.09(1)(c)
(c) The court may suspend the defendant's operating privilege, as defined in
s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under
par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under
s. 800.095 (4) (a), except that the suspension period may not exceed 2 years. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.
800.09(2)
(2) Judgment on plea of guilty or no contest or on failure to appear. 800.09(2)(a)(a) If the defendant pleads guilty or no contest, the court shall convict the defendant of the offense charged and render judgment.
800.09(2)(b)
(b) If the person charged fails to appear personally or by an attorney at the time fixed for hearing of the case, the defendant may be deemed to have entered a plea of no contest and the money deposited, if any, or such portion thereof as the court determines to be an adequate penalty, plus the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs, including the fee prescribed in
s. 814.65 (1), may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed, together with the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs. If the court finds that the violation meets the conditions in
s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093. Any money remaining after payment of any penalties, assessments, costs, and restitution shall be refunded to the person who made the deposit.
800.09(2)(c)
(c) This subsection shall not apply to violations of parking ordinances. Bail given for appearance to answer a charge under any such ordinance may be forfeited as determined by the municipality.
800.09 Note
Judicial Council Committee's Note, 1977: Sub. (1) governs the procedure for rendering judgment upon a finding of guilty of a defendant. A court may allow the defendant up to 60 days to pay a judgment. Failure to pay a judgment exposes a person to possible commitment to a jail or house of correction for not more than 90 days. If a defendant is indigent and unable to pay the forfeiture, the defendant cannot be imprisoned for nonpayment. The defendant must demonstrate that his or her inability to pay the fine is a result of indigency and must be afforded a hearing to determine his or her ability to pay the fine. See State ex rel. Pedersen v. Blessinger, (1972)
56 Wis. 2d 286,
201 N.W.2d 778.
800.09 Annotation
Sub. (2) provides that a municipal judge shall convict a defendant of the violation for which he or she is charged if the defendant pleads either guilty or no contest. If the defendant fails to appear at the time that the offense is to be heard by a municipal judge, the judge may deem the defendant to have entered a plea of no contest and then determine the appropriate penalty. Payment for the forfeiture and penalty assessment may be secured from any deposit made by the defendant. Any money remaining from a deposit after payment of the forfeiture, penalty assessment and costs shall then be refunded to the person making the deposit. [Bill 1240-A]
800.09 Annotation
Section 343.30 (5) does not preclude the suspension of operating privileges under s. 800.09 or 800.095. Suspension of operating privileges for failure to pay non-traffic forfeitures is not an unconstitutional exercise of the police power or an unconstitutionally excessive fine. City of Milwaukee v. Kilgore,
193 Wis. 2d 168,
532 N.W.2d 690 (1995).
800.09 Annotation
An award of costs of prosecution does not include actual attorney fees. Town of Wayne v. Bishop,
210 Wis. 2d 219,
565 N.W.2d 201 (Ct. App. 1997).
800.09 Annotation
A municipal court is not authorized to subpoena persons outside of the state; thus the court cannot order an out of state defendant to appear in person. There is no inherent authority in the court authorizing such an order. City of Sun Prairie v. Davis,
226 Wis. 2d 738,
595 N.W.2d 635 (1999).
