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New law changes municipal court procedures

By: Michaela Paukner, [email protected]//January 21, 2020//

New law changes municipal court procedures

By: Michaela Paukner, [email protected]//January 21, 2020//

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A bill signed into law on Tuesday makes various changes to municipal court procedures. Senate Bill 214 deals with the process used to form or dissolve joint municipal courts, procedural revisions, budgeting procedures and court fees.

Forming and dissolving courts
The new law says any new municipal court will become operational when it meets requirements listed in the original legislation, receives a certification from the chief judge of the judicial administrative district saying it meets those requirements and provides written notification to the director of the state courts.

To dissolve a court, an agreement must be submitted to the appropriate filing office and to the director of state courts before Oct. 1 of the year preceding the end of the judge’s term.

Fee changes
When discussing costs of a motion, the new law clarifies that municipal court costs should be based on the expense associated with the motion while taking into consideration the defendant’s ability to pay the costs. It forbids imposing costs as a requirement of filing a motion.

Upon receiving a motion, a municipal court may now enter an order denying the motion for failure to state grounds upon which relief may be granted, schedule a hearing on the motion or enter an order based on written submissions from the parties.

Procedural updates
The new law allows non-OWI municipal citations from an OWI offense to be tried with the OWI in circuit court. It also allows municipal courts to electronically record proceedings if a defendant is unable to pay a judgment because of poverty, requires each municipal court to have an armed guard unless a judge orders otherwise and specifies municipal court clerks can’t wear attire suggesting they’re law enforcement.

Municipal court budgets also must appear separate from municipal prosecuting attorneys and law-enforcement agencies.

Restitution and state retirement
Gov. Tony Evers also signed Senate Bill 233 into law on Tuesday. It authorizes the Department of Employee Trust Funds to withhold money from a participant’s Wisconsin Retirement System annuity or lump-sum payment to pay court-ordered restitution.

Other laws
The four other bills signed on Tuesday permit the use of surveillance devices during real-estate showings, require the Department of Natural Resources to make signs to inform the public about the dangers of Lyme disease and provide repellent for purchase at state parks and forests to prevent the disease, and expand protections for college students called for active military service.

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