2010AP2208 McGinnis v. Jimenez

By: WISCONSIN LAW JOURNAL STAFF//January 25, 2011//

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Juveniles
Sanctions; contempt

Mario Jimenez appeals an order sanctioning him for failing to comply with conditions imposed after he was found to have violated a municipal truancy ordinance. See Wis. Stat. § 938.55(6m)(ag). Jimenez argues the circuit court did not have authority to sanction him under § 938.355(6m)(ag) because that statute does not apply to persons who are seventeen years of age or older, and he was seventeen. The Honorable Mark J. McGinnis concedes that Jimenez is correct. However, Judge McGinnis argues the sanctions can be upheld based on the court’s inherent contempt authority. We disagree and reverse. This opinion will not be published.

2010AP2208 McGinnis v. Jimenez

Dist III, Outagamie County, Metropulos, J., Peterson, J.

Attorneys: For Appellant: Fite, Shelley, Madison; For Respondent: Rice, David C., Madison; Walsh, James P., Appleton; Doucette, Stacy L., Appleton

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