§ 32.29 ARRAIGNMENT.

   Upon making an appearance before the Municipal Court, the defendant shall be arraigned. The Municipal Judge or the Town Attorney shall read the complaint to the defendant, inform said defendant of all legal rights, of the consequences of conviction, and ask whether the plea is guilty or not guilty. If the defendant pleads guilty, the Court may proceed to judgment and sentence, or may continue the matter for subsequent disposition. If the plea is not guilty, the Court may proceed to try the case, or may set it for hearing at a later date.

(Prior Code, Ch. 12, Art. 2, § 24)

§ 32.30 POSTPONEMENT OF TRIAL.

   Before a trial commences in the Municipal Court, either party, upon good cause shown, may obtain a reasonable postponement thereof.

(Prior Code, Ch. 12, Art. 2, § 25)

§ 32.31 TRIAL PROCEDURE.

   In all trials in the Municipal Court as to matters not covered in this chapter, by the statutes relating to Municipal Criminal Courts, or by rules duly promulgated by the Supreme Court of the state, the procedure applicable in trials of misdemeanors in the District Courts shall apply, to the extent that they can be made effective.

(Prior Code, Ch. 12, Art. 2, § 26)

§ 32.32 CONTEMPT.

   (A)   Obedience to the orders, rules, and judgments made by the Municipal Judge or by the Municipal Court may be enforced by said Judge, who may fine or imprison for contempt committed while holding Court, or committed against process issued by said Judge, in the same manner and to the same extent, as the District Courts of this state.

   (B)   It shall be an offense to be in contempt, directly or indirectly, of the Municipal Court of the town and of its orders.

(Prior Code, Ch. 12, Art. 2, § 27) Penalty, see § 32.99

§ 32.33 DEFENDANT TO BE PRESENT AT TRIAL; FAILURE TO APPEAR.

   (A)   The defendant must be personally present at the trial in the Municipal Court.

   (B)   If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of the bond, either for hearing, arraignment, trial, or judgment, or upon any other occasion when presence in court or before the magistrate may be lawfully required, the Municipal Judge may direct that fact to be entered upon the court minutes, thereby declaring the bond to be forfeited. Without advancing court costs, said Judge shall then cause the forfeiture to be certified to the District Court of the county wherein the situs of government is situated, where it shall be entered upon the judgment docket and shall have the full force and effect of a District Court Judgment. At such time as the forfeiture is entered upon the District Court Judgment Docket, the District Court Clerk shall proceed in accordance with the applicable provisions of state statutes.

(Prior Code, Ch. 12, Art. 2, § 28)

§ 32.34 JUDGMENT.

   (A)   At the close of a trial in the Municipal Court, judgment must be rendered by the Municipal Judge, who shall cause it to be entered in his or her docket.

   (B)   If the judgment of the Municipal Court is of acquittal and the defendant is not to be detained for any other legal cause, said defendant must be discharged at once.

   (C)   If the defendant pleads guilty or is convicted after trial, the Municipal Court must render judgment thereof, fixing the penalty within the limits prescribed by this code of ordinances or other applicable ordinance, and imposing sentence accordingly.

(Prior Code, Ch. 12, Art. 2, § 29)

§ 32.35 COSTS UPON JUDGMENT OF CONVICTION; COURT COSTS; TRAINING FUND; PARK FUND.

   (A)   (1)   If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant, in a sum as provided by state law, including the fees and mileage of witnesses, court costs, and CLEET contributions.

      (2)   Court costs shall be no more than $52 per case, and shall be added on top of any fine; all moneys collected shall be deposited in the appropriate Municipal Fund.

      (3)   For every fine or bond forfeiture of $10 or more collected by the town, the amount required by current state law shall be paid to the Court as a separate penalty assessment (which shall be in addition to all other fines and costs), to be used to reimburse the Council on Law Enforcement Education and Training Fund (CLEET); the Town Clerk/Treasurer, or other individuals designated by the Town Board of Trustees, shall forward the total reimbursement to the state, as long as required by, and in accordance with, state law.

(Prior Code, Ch. 12, Art. 2, § 30)

   (B)   Ten dollars from each Municipal Court citation shall be allocated to the Town Park Fund.

(Ord. 17-10-2, passed 10-12-2017)