The role of the clerk of a circuit court in filing the oath and bond of a municipal judge; signatures on citations or complaints alleging a violation of a municipal ordinance; the fee for a transcript of an electronic recording of municipal court proceedings; and the authority of a municipal court judge to order a default judgment against a defendant who fails to appear at trial (suggested as remedial legislation by the Law Revision Committee)

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.