- Home
- Legal
- Frequently Asked Questions
- Courts
- Courts FAQ 1
Courts FAQ 1
How does a municipality make a municipal court operational?
State law creates and establishes a municipal court in every city,
village and town. Wis. Stat. sec. 755.01(1). A municipal court shall
become operative and function after January 1, 2011, 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 Wis. Stat. secs. 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. Wis Stat. sec. 755.01(1).
The municipal governing body fixes the salary of the judge. Wis. Stat. sec. 755.04. 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. Wis. Stat. sec. 755.04.
The municipal governing body shall authorize at least one clerk for
each court. Wis. Stat. sec. 755.10(1). Except in the city of Milwaukee,
the municipal judge shall in writing appoint the personnel that are
authorized by the municipal governing body. Wis. Stat. sec. 755.10(1).
The municipal governing body fixes the salary of any municipal court
staff. Wis. Stat. sec. 755.10(1).
Two or more municipalities
may create a joint municipal court by entering into an agreement under
sec. 66.0301, and enacting identical ordinances establishing a joint
municipal court. Wis. Stat. sec 755.01(4). 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 Wis.
Stat. sec. 11.02(3e) and to the director of state courts.
A
municipal governing body may by ordinance abolish a municipal court at
the end of any term for which the judge has been elected. Wis. Stat sec.
755.01(2). The governing body may not abolish a joint municipal court
while an agreement under Wis. Stat. sec. 755.01(4) is in effect. Wis.
Stat. sec. 755.01(2).
Municipalities interested in
establishing a municipal court should contact the Office of Judicial
Education within the Director of State Courts Office. The number is
(608) 266-7807. There is also an information pamphlet on starting a
municipal court. It may be viewed online.