800.095(4)(a)(a) If the defendant appears before the court pursuant to a warrant or summons issued under
sub. (1) or the defendant otherwise notifies the court that he or she is unable to comply with the judgment or community service work order, the court shall conduct a hearing. If the defendant failed to pay the forfeiture, make restitution or comply with the work order, the court shall determine if the defendant is unable to comply with the judgment for good cause or because of the defendant's indigence or is unable to comply with the work order for good cause.
800.095(4)(b)
(b) If the defendant fails to appear before the court for a hearing conducted under
par. (a) or if the court determines at a hearing under
par. (a) that the failure of the defendant to comply with the judgment is not for good cause or because of the defendant's indigence or that the failure of the defendant to comply with the work order is not for good cause, the court shall order one of the following:
800.095(4)(b)1.
1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid, except that the defendant reduces the amount owed at a rate of at least $25 for each day of imprisonment, including imprisonment following an arrest but prior to the findings under this subsection, and the maximum period of imprisonment is 90 days. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court.
800.095(4)(b)2.
2. That the payment schedule or judgment be modified, suspended or permanently stayed.
800.095(4)(b)3.
3. That the defendant perform community service work for a public agency or a nonprofit charitable organization designated by the court, except that the court may not order the defendant to perform community service work unless the defendant agrees to perform community service work and, if the community service work is in lieu of restitution, unless the person to whom the restitution is owed agrees. 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 or restitution, or both, 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.
800.095(4)(b)4.
4. That the defendant's operating privilege, as defined in
s. 340.01 (40), be suspended until the judgment is complied with, except that the suspension period may not exceed 2 years. This subdivision 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.
800.095(4)(c)
(c) If the court determines that the failure of the defendant to comply with the judgment is for good cause or because of the defendant's indigence or that the failure of the defendant to comply with the work order is for good cause, the court may enter an order under
par. (b) 2. or
3.
800.095(5)
(5) Noncompliance; court order. If the defendant fails to comply with the court order under
sub. (4) (b) 2. or
3., the court may enter an order under
sub. (4) (b) 1.
800.095(6)
(6) Place of imprisonment. If the court orders imprisonment under
sub. (4) (b) 1., the defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose or, if the defendant has been committed to the Wisconsin state prisons, to the prison in which the defendant is an inmate. Except in cases where the defendant has been committed to the Wisconsin state prisons, the municipality shall pay the expense incurred by the county to imprison the defendant. The defendant is eligible for privileges under
s. 303.08.
800.095(7)
(7) Use of ordinary civil remedies. In addition to the procedures under this section, a municipality may enforce the judgment in the same manner as for a judgment in an ordinary civil action.
800.095(7m)
(7m) Transfer of unclaimed money. In addition to the procedures under this section, a municipal court may order the transfer of any of the defendant's money that the municipality is holding and that is unclaimed by the defendant for more than one year to pay any forfeitures that the defendant failed to pay the municipality.
800.095(8)
(8) Applicability. Subsections (1) to
(3) and
(4) (a) apply to any judgment in forfeiture actions in municipal court for the violation of a traffic regulation if the court, at the time of rendering judgment, determines that incarceration may be ordered for subsequent noncompliance with the judgment and order.
800.095 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).
800.095 Annotation
This section authorizes incarceration of defendants for noncompliance with with default judgments entered by the municipal court. The power is not restricted to ordinance violations with statutory counterparts. Incarceration under this section is not imprisonment for debt or involuntary servitude. Haas V. Wisconsin,
241 F. Supp. 2d 922 (2003).
800.10
800.10
Fees and costs in municipal court. 800.10(1)
(1) Fees and costs in municipal court are prescribed in
s. 814.65.
800.10(2)
(2) All forfeitures, fees, surcharges, and costs paid to a municipal court under a judgment before a municipal judge shall be paid to the municipal treasurer within 7 days after receipt of the money by a municipal judge or other court personnel. At the time of the payment, the municipal judge shall report to the municipal treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, surcharges, and costs, if any. The treasurer shall disburse the fees as provided in
s. 814.65 (1). All jail surcharges paid to a municipal court under a judgment before a municipal judge shall be paid to the county treasurer within 7 days after receipt of the money by a municipal judge or other court personnel.
800.11
800.11
Municipal court record and transcript entries. 800.11(1)(1) Every municipal judge shall keep a court record in which he or she shall enter, in actions to which they relate:
800.11(1)(a)
(a) The title of every action commenced before the municipal judge, including the name and address of the defendant;
800.11(1)(b)
(b) The process issued, date and place where it issued, when returnable and the return of the officer;
800.11(1)(c)
(c) A brief statement of the charges, including the nature and time of the offense and the section of law violated;
800.11(1)(d)
(d) Every adjournment, stating at whose request and to what time;
800.11(1)(f)
(f) The names of witnesses sworn, stating at whose request;
800.11(1)(g)
(g) The judgment rendered by the municipal judge, including the penalties imposed, the date and time of rendering judgment and the costs assessed in the action;
800.11(1)(i)
(i) The amount of bail and names and addresses of sureties, if any;
800.11(1)(j)
(j) The time of ordering any stay of execution;
800.11(1)(k)
(k) The time of issuing execution and the name of the officer to whom delivered;
800.11(1)(m)
(m) The return of every execution and when made and every renewal of an execution, with the date thereof;
800.11(1)(n)
(n) The date and reason of removal of the action to another court;
800.11(1)(p)
(p) The date of an appeal made from judgment; and
800.11(1)(q)
(q) All motions made in the action, the decision thereon and all other proceedings in the action which the municipal judge may think useful.
800.11(2)
(2) Failure of the municipal judge to keep a court record properly shall not affect the jurisdiction of the municipal court or render the judgment void.
800.11(3)
(3) The transcript of judgment shall contain the following:
800.11(3)(c)
(c) The name, address and vocation of defendant.
800.11(3)(f)
(f) The certification that it is a true copy of the judgment.
800.11(4)
(4) If the municipal judge is elected under
s. 755.01 (4), the judge shall keep separate court records for each municipality.
800.11 History
History: 1977 c. 305;
1979 c. 32 ss.
68,
92 (17); Stats. 1979 s. 800.11;
1985 a. 89;
1995 a. 224.
800.11 Note
Judicial Council Committee's Note, 1977: Sub. (1) lists the various docket entries that are to be made by a municipal judge.
800.11 Annotation
Sub. (2) makes clear that failure to properly docket a matter does not adversely affect the jurisdiction of a municipal court or a judgment rendered therein.
800.11 Annotation
Sub. (3) lists the items that must be included in a transcript of judgment. [Bill 1240-A]
800.115
800.115
Relief from judgment. 800.115(1)
(1) A defendant in an action involving a general statutory counterpart ordinance may move for relief from the judgment under
s. 806.07 (1). Except as provided under
sub. (2), the motion must be made no later than 6 months after the judgment was entered or the order or stipulation was made.
800.115 History
History: 1987 a. 389.
800.115 Annotation
Only a defendant may seek relief under this section. However a municipal court has the inherent authority to vacate a void judgment irrespective of the statute's requirements for reopening a judgment. City of Kenosha v. Jensen,
184 Wis. 2d 91,
516 N.W.2d 4 (Ct. App. 1994).
800.12
800.12
Municipal court contempt procedure. 800.12(1)
(1) A municipal judge may impose a sanction authorized under
sub. (2) for contempt of court, as defined in
s. 785.01 (1), in accordance with the procedures under
s. 785.03.
800.12(2)
(2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under
sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, plus costs, fees, and surcharges imposed under
ch. 814, a jail sentence not to exceed 7 days.
800.13
800.13
Recording in municipal court. 800.13(1)
(1) Every proceeding in which testimony is taken under oath in a municipal court shall be recorded by electronic means for purposes of appeal.
800.13(2)
(2) Notwithstanding
sub. (1), a municipal court is not a court of record.
800.13 History
History: 1977 c. 305;
1979 c. 32 s.
68;
1979 c. 237; Stats. 1979 s. 800.13.
800.13 Note
Judicial Council Committee's Note, 1977: Sub. (1) requires that all testimony taken under oath in municipal court must be recorded by electronic means. Electronic means requires only a tape recorder and a microphone or microphones sufficient to pick up all testimony given under oath. The capacity of the recorder is defined to assure compatibility of equipment upon appeal. The municipal judge has the responsibility to make sure that the recorded testimony in his or her court is done in such a way that the individual giving the testimony can be readily identified.
800.13 Annotation
Sub. (2) makes clear that the municipal court is not a court of record. The only purpose of recording testimony in municipal court by electronic means is to establish a record for appeal to a court of record. [Bill 1240-A]
800.14
800.14
Appeal from municipal court decision. 800.14(1)(1) Appeals from judgments of municipal courts may be taken by either party to the circuit court of the county where the offense occurred. The appellant shall appeal by giving the municipal judge and other party written notice of appeal within 20 days after judgment.
800.14(2)
(2) On appeal by the defendant, the defendant shall execute a bond to the municipality with or without surety, approved by the municipal judge, that if the judgment is affirmed in whole or in part the defendant shall pay the judgment and all costs awarded on appeal.
800.14(3)
(3) On meeting the requirements for appeal, execution on the judgment of the municipal court shall be stayed until the final disposition of the appeal.
800.14(4)
(4) Upon the request of either party within 20 days after notice of appeal under
sub. (1), or on its own motion, the circuit court shall order that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless either party requests a jury trial within 10 days after the order for a new trial. The required fee for a jury is prescribed in
s. 814.61 (4).
800.14(5)
(5) If there is no request or motion under
sub. (4), an appeal shall be based upon a review of a transcript of the proceedings. The municipal judge shall direct that the transcript be prepared from the electronic recording under
s. 800.13 (1) and shall certify the transcript. The costs of the transcript shall be paid for under
s. 814.65 (5). The electronic recording and the transcript shall be transferred to the circuit court for review.
800.14(6)
(6) The disposition of the appeal shall be certified to the municipal court by the reviewing court within 30 days of the judgment of the reviewing court.
800.14 Annotation
Review under sub. (5) is analogous to appellate review of a trial to the court under s. 805.17 (2). Village of Williams Bay v. Metzl,
124 Wis. 2d 356,
369 N.W.2d 186 (Ct. App. 1985).
800.14 Annotation
That sub. (4) only allows the appellant to request a jury trial is not an unconstitutional denial of equal protection. Village of Oregon v. Waldofsky,
177 Wis. 2d 412,
501 N.W.2d 912 (Ct. App. 1993).
800.14 Annotation
When a municipal court found the defendant guilty of OWI and dismissed a blood alcohol count charge without finding guilt, the defendant's appeal of the OWI conviction did not give the circuit court jurisdiction to hear the BAC charge absent an appeal of the dismissal. Town of Menasha v. Bastian,
178 Wis. 2d 191,
503 N.W.2d 382 (Ct. App. 1993).
800.14 Annotation
There is no statutory or constitutional requirement that a circuit court must hold a hearing or request briefs when conducting a transcript review under sub. (5). This section, when considered as a whole, affords municipal court appellants a meaningful right to be heard. City of Middleton v. Hennen,
206 Wis. 2d 347,
557 N.W.2d 818 (Ct. App. 1996),
95-3054.
800.14 Annotation
That sub. (4) only allows the appellant to request a jury trial does not deny the respondent the constitutional right to equal protection. City of Kenosha v. Leese,
228 Wis. 2d 806,
598 N.W.2d 278 (Ct. App. 1999),
98-1769.
800.14 Annotation
A case dismissed before trial could not be appealed under sub. (4). The words of sub. (4) that "a new trial be held in circuit court" presuppose that a trial has taken place in municipal court. A proceeding constituted a trial under sub. (4) when the prosecution presented its case, the defendant had an opportunity to present its evidence, even though it chose not to do so and moved for dismissal, and the matter was judicially resolved on its merits. City of Pewaukee v. Carter, 2004 WI 136,
276 Wis. 2d 333,
688 N.W.2d 449,
03-1114 800.14 Annotation
Appealing Municipal Court Judgments to Circuit Court. Andregg. Wis. Law. March 2006.
