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Municipal Court Clerks Procedures Manual and Updates

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Municipal Court Clerks Procedures Manual and Updates Wis.consin Municipal_ Court Clerk Procedures Manual Wisconsin State Supreme Court Director of State Courts· Office of Judicial Education ~upr.eme Q1nurt of ~iscnnsin DIRECTOR OF STATE COURTS 110 E. MAIN STREET, SUITE 200 MADISON, WISCONSIN 53703-3328 J. Denis Moran Patience Roggensack Karla J. Baumgartner Director of State Courts Chief Justice Director, Judicial Education Todd E. Meurer, Manager Municipal Judge Education Telephone (608) 266-7816 Fax (608) 261-6650 ACKNOWLEDGMENTS The Office of Judicial Education wishes to thank the following people who contributed to the Municipal Court Clerks Procedures Manual and updates. Through their contributions and hard work, the Procedures Manual reflects Wisconsin's best Municipal Court practices and techniques. 2016 Municipal Court Clerk Advisory Committee Members Dawn l(uzniewicz, City of Beaver Dam Wendy Motl, Village of McFarland Mary Ann Rozman, City of New Berlin Jodie Sorenson, Village of Waunakee ~upr.enre <!Inurt nf ~is.c:nnsin DIRECTOR OF STATE COURTS 110 E. MAIN STREET, SUITE 200 MADISON, WISCONSIN 53703-3328 J. Denis Moran Patience Roggensack Karla J. Baumgartner Director of State Courts Chief Justice Director, Judicial Education Todd E. Meurer, Manager Municipal Judge Education Telephone (608) 266-7816 Fax (608) 261-6650 INTRODUCTION The Municipal Court Clerks Procedures Manual was first published and distributed to the municipal court clerks by the Wisconsin Supreme Court, Director of State Courts, Office of Judicial Education in 1982. Many municipal court clerks and judges have contributed to this effort through the years. In particular, I wish to extend a well deserved "Thank You!" to Carol I(oschel at the Office of Judicial Education. Without her knowledge, planning, commitment to excellence and hard work, this update would not have been possible. The Court Clerk Procedures Manual represents a best effort to distill a set of uniform, recommended procedures from numerous statutes, forms and existing court practices. The manual is intended only as a guide and not as a definitive legal authority. In many cases, no one correct procedure exists, and actual procedures may differ from municipality to municipality and among judicial districts. The Office of Judicial Education, the Clerk's Advisory Committee and many other contributors have tried to make this manual a practical and useful tool for municipal court clerks. Your comments or suggestions regarding the content of the manual are not only welcome but encouraged. Todd E. Meurer Education Manager Office of Judicial Education September 2016 DUTIES OF THE COURT CLERK Throughout the Day ... • Answer inquiries from the public, defendants, village prosecutor, attorneys regarding court dates, monies owed, payment schedules, court procedures o Release information under the direction of the Judge o Run interference for the Judge o Judge may give clerk authority to grant adjournments or extensions NOTE: DO NOT GIVE LEGAL ADVICE (Review Court Staff Guidelines: SCR 70.41 Resource 2) • Process Mail o Investigate any letters returned to court, determine defendants' correct address • Collect, receipt, record and balance payments o Process online/phone payments o Process mail/counter traffic payments o Check with Police Department for lock ups, bond postings and signed personal recognizance bonds o Debt certified to State Debt Collection (SDC) should be directed to them o Notify Judge when necessary • After receiving payment and where applicable: o Cancel writs of commitment and warrants o Release Failure to Pay Forfeiture (FPF) suspensions o Adjust balance on Tax Revenue Intercept Program (TRIP) o Notify collection agency of payment o Notify State Debt Collection (SDC) of payment o Voucher for payment of restitution • Obtain citations from the Police Department and review. Check for: o Adult vs Juvenile o Method of service o Correct court date and time o Correct deposit amount is included o Accuracy o Necessary paperwork attached • Create Case o Court copy and police depmiment copy (if Judge requests) o 0 WI paperwork o Restitution information o Police reports (if Judge requests) o Driving records (if Judge requests) o Case records for any other citations defendant may have with the court o Maintain separate files for juvenile vs. adult 2016 1 Preparing for court ... • Prepare court calendar/docket o Give officers next available court date(s) to use and monitor court calendar o Gather and verify all scheduled cases and prepare necessary paperwork o K.eep juveniles on separate list/page • Courtroom set up o Check-in process o Have available: • Judge's Bench Book • Wisconsin Statutes • Local Ordinance Book • Uniform State Traffic Deposit Schedule • Uniform State Boating, Snowmobile, ATV Deposit Schedule • Municipal Court Fee Schedule o Court handout o Recording device • Process not guilty pleas o Issue pre-trial and trial notices o Set-up and send files to prosecutor • Process requests by defendant o Adjournments o Jury demands o Requests for substitution o Appeals • Process judicial reassignments o Recusals o Vacations/Absences • Prepare necessary paperwork for Court During Court ... • Check-in procedure o Greet Defendants o Supervise Sign-In o Distribute Court Handout • Record pleas, amendments and dispositions • Make sure defendants understand sentence, conditions, consequences, compliance dates, payment schedules and forfeiture due dates • Provide defendant with some type of disposition order/summary • Give written notice to defendant for future court dates o Pre-Trial/Trial Notices o Good Cause Hearing Notices • Have defendants sign any necessary papers/orders 2016 2 o Alcohol assessment o Alcohol/drug program stipulation and order o Community service order • Take payments (preferably outside of courtroom) and give receipt NOTE: Judge should never handle court monies • Record trials and hearings o Record and mark exhibits o Give Notice of Appeal to losing party • Have signed stipulation and orders ready for Judge's signature After Court ... • Process payments and address changes from court proceedings • Process adjudicated cases o Forward necessary paperwork to assessment facilities o Forward necessary paperwork to alcohol/drug awareness programs o Forward signed stipulations to defense attorneys • Record/Submit dispositions o Court copy of citation o Court software program o Department of Transportation (DOT) within 5 days (traffic, underage alcohol, ID card, juvenile drug paraphernalia and habitual truancy) o Crime Information Bureau (CIB)- Final Disposition Report (fingerprint card) (if applicable) Wisconsin Department of Justice Attention: Olivia Sassman P.O. Box 2718 Madison, WI 53701-2718 • Report suspensions/revocations to Department of Transportation (DOT) • Prepare and submit to Department of Transportation (DOT) conviction status reports where necessary • Notify Crime Information Bureau (CIB) of any reopened and amended or dismissed charges previously submitted to CIB • Send out written notice to defendants for any future court dates • Send out default notices NOTE: There is no statutory authority for a municipality to impose a default fee • Issue summons for mailed citations, followed by a warrant for failure to appear • Verify that all cases on the docket have been processed • Provide Police Department with dispositions • Prepare report for local paper (if applicable) 2016 3 • Submit voucher for payment of witness fees • Forward Notices of Appeal with supporting documents and checks to Circuit Court • Arrange for preparation of transcript And Sometime in Between ... • Keep communication open regarding proceedings and cases with o Police Department o Attorneys o Defendants o Schools • Commence and follow-up with judgment enforcement actions NOTE: There is no statutory authority for a municipality to impose a fee or assess interest in any judgment enforcement action. • Schedule o Good Cause/Poverty Hearings o Pre-Trials o Trials o Restitution Hearings o Refusal Hearings • Issue summons • Send monies and itemized report to Treasurer within 30 days of receipt • Prepare Municipal Court Monthly Financial Report • Prepare Case Load Statistics Report • Keep current with new laws and procedural changes o Advise the Police Department when applicable o Make sure Judge has new information • Meet education requirements • Maintain active warrant/writ of commitment list and coordinate with Police Department • Maintain confidential records with regards to juvenile cases and medical/Alcohol or Drug Assessment (AODA) reports • Keep up-to-date and maintain court software • Gather information and make notes for budget preparation • Maintain court operations within approved budget • Perform notarial acts • Order supplies • Perform such other duties as may be required by the municipal court judge 2016 4 Chapter Outline OVERVIEW Page 1. The Structure of the Wisconsin Court System 1-1 2. The Municipal Court 1-3 3. Your Role as a Municipal Court Clerk 1-7 4. The Role of a Municipal Judge 1-9 5. The Wisconsin Court System 1-14 Chapter One OVERVIEW 1. The Structure of the Wisconsin Court System Article VII, A. Municipal courts, where they have been created by the Sec. 2, Const. governing body of the municipality, have exclusive 755.045(1) jurisdiction over actions involving violation of municipal ordinances under which the penalty is a forfeiture Article VII, B. Circuit courts have original jurisdiction in civil and Sec. 8 criminal cases 800.14(1) 1. A municipal court judgment can be appealed to the circuit court of the county 756.096(3)(
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