SB 454

This bill makes several changes to municipal court practice and procedure.

Current law requires municipal judges to take and file an official oath and

execute and file an official bond.

2009 Wisconsin Act 402

(Act 402) made a number

of changes to the law governing municipal courts and municipal judges. Prior to the

enactment of Act 402, municipal judges were required to file the oath and bond with

the clerk of the circuit court. Act 402 requires municipal judges to, instead, file the

oath and bond with the clerk of the city, town, or village, where the judge was elected.

This bill eliminates a provision that requires municipal judges to file the oath

and bond with the clerk of the circuit court for which the municipal judge serves. The

bill also eliminates a requirement that the clerks of the circuit courts annually send

a certified list of all municipal court judges who filed their official bonds with the

clerks during the preceding year.

Under current law, a citation or complaint alleging a violation of a municipal

ordinance must be signed by a law enforcement officer, an attorney representing the

municipality, or, under certain circumstances, a conservation warden, municipal

official, or municipal employee (signatory). This bill eliminates the requirement that

the citation be signed and, instead, requires only that the name of the signatory

appear in the citation or complaint.

Current law requires a defendant in municipal court to make an initial court

appearance in person or in a written response to the citation or complaint. Current

law permits a municipal court judge to order a default judgment against a defendant

who fails to make an initial appearance or to make a deposit in the amount set for

the violation. This bill permits a municipal court judge to order a default judgment

against a defendant who fails to appear at trial.

Under current law, a person who appeals a municipal court judgment or

decision (appellant) must pay for the cost of any transcript made of electronic

recordings of the municipal court action. Current law also requires the appellant to

pay a $10 fee for the preparation of the transcript. Finally, under certain

circumstances, current law requires a defendant appellant who does not prevail on

appeal or whose appeal is dismissed to pay for the cost of the transcript. This bill

eliminates the requirement that the appellant pay a $10 transcript fee, and

eliminates the duplicative requirement that a defendant appellant pay for the cost

of the transcript if the appellant does not prevail on appeal.

This bill is explained in the

Notes

provided by the Joint Legislative Council in

the bill.