755.17(1)
(1) A municipal judge shall be properly attired in a robe or other suitable clothing when officially presiding in a municipal court.
755.17(2)
(2) The courtroom for a municipal judge shall be provided by a municipality. The courtroom shall be in a public building if a suitable public building is available within the municipality. The courtroom shall be designed and furnished to create and promote the proper atmosphere of dignity and decorum for the operation of the court.
755.17 History
History: 1977 c. 305.
755.17 Note
Judicial Council Committee's Note, 1977: This section governs proper decorum in a municipal court.
755.17 Annotation
Sub. (1) makes certain that a municipal judge will be properly attired when officially presiding in municipal court.
755.17 Annotation
Sub. (2) gives direction to a municipality that the courtroom it provides for a municipal judge must be designed and furnished to help assure the proper dignity and decorum when a municipal court is operating. [Bill 1240-A]
755.18
755.18
Municipal judge training. 755.18(1)
(1) Municipal judges shall participate in a program of continuing judicial education as required by the supreme court.
755.18(2)
(2) Municipalities shall bear the cost of programs under
sub. (1) provided by the court. All moneys collected by the supreme court under this section shall be deposited in
s. 20.680 (2) (i).
755.18(3)
(3) This section does not apply to a municipal judge appointed under
s. 8.50 (4) (fm) nor to a former municipal judge or former circuit judge to whom cases are assigned under
s. 800.06 during the 6-month period following the date on which the judge receives his or her initial assignment.
755.18 History
History: 1983 a. 27;
1985 a. 304.
755.19
755.19
Municipal court commissioners. 755.19(1)
(1)
Appointment. First class cities may create the office of municipal court commissioner. The municipal court commissioner shall be an attorney licensed to practice in this state and shall complete annual educational credits consistent with supreme court requirements for municipal judges. The common council shall establish the number of positions and set the term, the additional qualifications and the compensation for the office. The presiding judge of the municipal court shall be the appointing authority and may terminate the employment of a municipal court commissioner at will and without cause. The municipal court commissioner shall be supervised by the judge whose cases the commissioner is hearing. Each municipal court commissioner shall take and file the official oath in the office of the clerk of the municipal court of the 1st class city for which appointed before performing any duty of the office.
755.19(2)
(2) Powers and duties. Under the supervision of a municipal judge, a municipal court commissioner may do all of the following:
755.19(2)(a)
(a) Under
ss. 800.04 and
800.095 (4) and
(5), conduct initial appearances and receive noncontested forfeiture pleas, order the revocation or suspension of driving privileges and impose forfeitures, impose community service and restitution according to the schedule adopted by the municipal court where appointed, and issue dispositional and sanction orders pursuant to
ch. 938.
755.19(2)(b)
(b) Issue warrants for those who do not appear as scheduled or as summoned.
755.19(2)(e)
(e) Make a finding on the indigency of defendants.
755.19(2)(f)
(f) Enforce alternative judgments for failure to comply with court orders.
755.19(2)(g)
(g) Conduct court proceedings and exercise any power authorized by statute.
755.19(3)
(3) New hearings and appeals of municipal court commissioner rulings. A motion for a new hearing or appeal of a contested ruling by a municipal court commissioner shall be filed with the municipal court no later than the 20th day after the commissioner makes the ruling. The motion shall be heard by the supervising municipal judge under the procedure consistent with the procedure adopted by the judicial district on motions to reopen judgments before the municipal court. Nothing in this subsection shall be construed as altering the time periods for filing a notice of appeal from a final judgment or filing a motion of relief from judgment.
755.19 History
History: 1997 a. 27.
755.20
755.20
Contributions to certain organizations and agencies. 755.20(1)(1) If a municipal court finds in a forfeiture action that a person violated an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment, the municipal court may require the person to make a contribution not to exceed the maximum amount of the forfeiture that may be levied to an organization or agency specified in
s. 973.06 (1) (f) 1. if the court determines that the violator has the financial ability to make the contribution.
755.20(2)
(2) If the court does require a person to make a contribution to an organization or agency specified in
s. 973.06 (1) (f) 1. but does not require the person to pay a forfeiture or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the forfeiture or court costs. All contributions made under this section shall be made to the municipal court for distribution to the organization or agency specified in
s. 973.06 (1) (f) 1. The municipal court may not require a person to make a contribution under this section to an organization or agency specified in
s. 973.06 (1) (f) 1. that has not complied with the provisions of
s. 757.17.
755.20 History
History: 1995 a. 28;
1999 a. 58,
69,
186.
755.21
755.21
Collection. The municipal court may contract with a collection agency for the collection of unpaid forfeitures, assessments, and surcharges under
s. 66.0114 (1) (a). The contract shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. For each violation for which a forfeiture, assessment, or surcharge is imposed, the municipal court shall determine the amount to be distributed to each entity under
s. 66.0114 (1) (bm) and
(3) (b) and
(c) as follows:
755.21(1)
(1) Calculate the percentage of the total violation amount to which the entity is entitled before the collection agency is paid.
755.21(2)
(2) Subtract from the amount collected for the violation the amount paid to the collection agency to collect the violation amount.
755.21(3)
(3) Multiply the remainder under
sub. (2) by the percentage under
sub. (1).
755.21 History
History: 2003 a. 140;
2005 a. 305.
