State Codes and Statutes

Statutes > Wisconsin > 800 > 800.12

800.12

800.12 Municipal court contempt procedure.

800.12(1)

(1) In this section, "contempt of court" means any of the following intentional acts:

800.12(1)(a)

(a) Misconduct in the presence of the court that interferes with the court proceeding or with the administration of justice, or that impairs the respect due the court.

800.12(1)(b)

(b) Refusal of a witness to appear without reasonable excuse.

800.12(2)

(2) A judge may impose a forfeiture in an amount not to exceed $200 for a contempt of court.

800.12(3)

(3) For a contempt of court described in sub. (1) (a), the judge may impose imprisonment in the county jail for not more than 7 days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of court has occurred and only under the following conditions:

800.12(3)(a)

(a) For the purpose of preserving order in the court and protecting the authority and dignity of the court.

800.12(3)(b)

(b) After allowing the person who committed the contempt of court an opportunity to address the court.

800.12(4)

(4) For a contempt of court described in sub. (1) (b), the judge may do any of the following:

800.12(4)(a)

(a) Issue a warrant to bring the witness before the court for the contempt and to testify.

800.12(4)(b)

(b) In addition to ordering the witness to pay a forfeiture under sub. (2), the judge may order the witness to pay all costs of the witness's apprehension.

800.12 - ANNOT.

NOTE: This section is shown as repealed and recreated eff. 1-1-11 by 2009 Wis. Act 402. Prior to 1-1-11 it reads:

800.12 - ANNOT.

800.12 Municipal court contempt procedure. (1) A municipal judge may impose a sanction authorized under sub. (2) for contempt of court, as defined in s. 785.01 (1), in accordance with the procedures under s. 785.03.

800.12 - ANNOT.

(2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, a jail sentence not to exceed 7 days.

800.12 - ANNOT.

History: 1977 c. 305; 1979 c. 32 s. 68; 1979 c. 257; Stats. 1979 s. 800.12; 1987 a. 27; 1989 a. 107; 1991 a. 39; 1993 a. 16; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139; 2009 a. 402.