SB 383

This bill makes numerous changes regarding municipal court administration,

judges, and procedures. Municipal courts operate in the cities, villages, and towns

of this state to enforce municipal ordinances. Generally, the procedures in municipal

court are less stringent than in circuit court, and violations of ordinances may result

in a civil forfeiture. The bill makes all of the following changes:

1. Makes municipal courts subject to the authority of the supreme court,

through the chief judge of the judicial administrative district.

2. Requires, in addition to current law that requires only the adoption of an

ordinance for a court to exist, that the court must submit written notice of the

ordinance to the director of state courts and receive certification from the chief judge

of the judicial administrative district.

3. Provides that the municipal court budget or line item be separate from the

budget of all other municipal departments.

4. Allows a municipal court to appoint a social worker to assist the court in

determining if a defendant lacks substantial mental capacity to understand the

proceeding or to assist in his or her defense. Currently, the court may appoint a

guardian ad litem in those situations. The new provision gives the court an

alternative choice of whom to appoint, and further clarifies that a determination of

incompetency results in the suspension of the proceedings.

5. Requires municipal judges to be elected for four-year terms, rather than the

two- to four-year terms as provided by ordinance under current law.

6. Gives municipal judges statewide jurisdiction.

7. Requires the municipality to provide the judge with an office or appropriate

work space and removes the restriction on a municipal judge from having an office

with a law partner.

8. Requires the municipality to authorize at least one clerk position for the

municipal court and gives the municipal judge authority over the hiring, work

responsibilities, and firing of court personnel. The bill provides that the judge's

supervisory authority is a prohibited subject of collective bargaining for court

personnel who are not employed by a city of the first class and requires the clerk to

attend continuing education programs approved by the supreme court.

9. Requires the municipal judge to store all municipal court records in an

appropriate facility designated by the municipality.

10. Requires a municipal judge to wear a black robe while presiding in a

municipal court and prohibits the clerk from wearing anything that implies or

indicates he or she is a law enforcement employee.

11. Prohibits the municipality from locating the municipal court or the court

personnel within the municipal police department and gives the judge the authority

to establish court hours, while requiring the municipality to provide an adequate

courtroom for the municipal court.