Brodhead Municipal Court
1111 West 2nd Avenue
PO Box 168
Brodhead, WI 53520
Court: 608-897-4176 FAX: 608-897-3035 ATTN: Court Clerk
Judge Roger Searls Court Clerk Linda Faessler
STARTING IN APRIL, 2015 BRODHEAD MUNICIPAL COURT IS NOW ISSUING "COMMITMENTS" TO JAIL FOR NON-PAYMENT OF FORFEITURES. IF YOU HAVE NOT PAID YOUR PAST DUE FORFEITURES AND IF THE TAX INTERCEPT HAS NOT GENERATED ANY PAYMENTS TO THE COURT YOU COULD HAVE A COMMITMENT TO JAIL ISSUED.
The Municipal Court Clerk can answer questions about the Court schedule, fine amounts, and other administrative matters, but cannot give legal advice. If you need legal advice, you should consult an attorney
You will remain quiet while the Court is in session allowing others the courtesy to be heard and present their case. This is a Court of Law and the rules of evidence and decorum will be followed. Smoking is prohibited. All rise when the Judge enters the Courtroom and all hats will be removed and kept off during Court. PLEASE MAKE SURE YOUR CELL PHONE IS OFF OR SILENCED!!. Persons who fail to conduct themselves in an orderly manner shall be charged with contempt and removed from the Court room.
When your name is called please advance to the podium and speak into the microphone. The Judge will inform you of the charges and will then ask you to enter your plea. This Court has jurisdiction of traffic and non-traffic ordinances in the City of Brodhead. You have a right to be represented by an attorney, or you may go ahead without one. If you want an attorney you must retain one at your own expense. This Court will not provide you with an attorney.
At the initial appearance you may enter a plea. Only those cases where the defendant enters a Guilty or No Contest plea will be heard. Where you enter a Not Guilty plea the case will then be scheduled for a trial at a later date.
If you enter a Guilty plea it is an admission of the charges against you.
If you enter a No Contest plea this is similar to a plea of Guilty and will be treated the same. However, you will not be admitting your civil liability for use in any other litigation, which should be expected where personal injury or property damage is involved.
If you enter a Not Guilty plea plea it means that you feel that you have not violated the charge against you. If you enter this plea the City of Brodhead must prove you are guilty by “clear and convincing evidence”. In short, the facts proven by the City of Brodhead must indicate that it is highly probable that you committed the violation you were cited for. If you enter the Not Guilty plea via the plea card, the Court Clerk will notify you by mail of your new Court date when the Arresting Officer will be present and you will be required to return on that date for your trial.
Upon a finding of Guilty, a forfeiture plus Court costs may be imposed. You will be given 60 days to pay the forfeiture. If there is restitution ordered, that is due IMMEDIATELY. If you don’t have your forfeiture paid in full in the 60 days you may call the Court Clerk and ask for a short extension of time.
IF YOU FAIL TO PAY YOUR FORFEITURE AND HAVE NOT CALLED OR APPEARED FOR THE EXTENSION OF TIME, YOU MAY BE COMMITTED TO THE GREEN COUNTY JAIL OR YOUR DRIVER’S LICENSE CAN BE SUSPENDED FOR UP TO TWO YEARS DEPENDING ON YOUR CHARGE. THE BRODHEAD MUNICIPAL COURT HAS RECENTLY BEGAN TO USE THE TAX INTERCEPT PROGRAM FOR PAST DUE FINES/RESTITUTION ORDERED.
If you are found Guilty of a traffic violation, in addition to any judgment made by the Court, the State of Wisconsin, Department of Transportation, may assess demerit points against your driving record. In the upper right hand corner of your citation it will show you the number of points your violation carries. The assessment of 12 demerit points in one year shall result in the loss of your license. Any person holding a probationary license shall be assessed double points for all 2nd and subsequent point violations. Juveniles cited for traffic ordinance violations are subject to the same forfeitures and Court procedures as adults. With the new GDL licenses points may vary.
The Municipal Court has jurisdiction of persons between the ages of 12 and 16 years of age charged with non-traffic ordinance violations. There are only 3 charges where you will still be considered a Juvenile at the age of 17 and have a closed hearing and they are: Truancy, Underage Tobacco and Curfew. Juveniles have the same rights as adults with respect to pleas. They will have a closed (private) hearing in the Courtroom. A money judgment may be entered against a juvenile found guilty. Juveniles have up to 1 year to pay their fines. If the juvenile fails to pay the judgment, his/her driver’s license shall be suspended for up to 2 years. ALSO WITH THE NEW LAWS, THE PARENTS AND/OR GUARDIANS ARE RESPONSIBLE IF THE JUVENILE DOES NOT PAY THE FINE.
If the juvenile does not have a license, they will be suspended at the time they apply for one. If the offense is alcohol or drug related, the driver’s license of the juvenile may be suspended regardless of payment of the fine.
The trial procedure is as follows: Trials begin at 6PM. The Prosecuting Attorney will produce its witnesses to testify as to the facts and circumstances surrounding your case. This includes the Arresting Officer. You or your lawyer will be permitted to cross-examine each witness. When the prosecution has completed its case, you and your witnesses will be given the opportunity to testify and will be subjected to cross-examination by the prosecution. After all the evidence has been presented, the prosecution and the defense will be given an opportunity to summarize their respective cases to the Court through a brief argument. Thereafter, the Court will determine your innocence or guilt. If the Court finds you Not Guilty you will be discharged and the complaint against you dismissed. If you are found Guilty, the Court will impose a forfeiture. You will have 60 days to pay the forfeiture and costs. If you request a trial and do not show up for the trial you will be found Guilty by absentia and any witness fees may be added in the Court Costs.
RIGHT TO APPEAL
If you are found guilty at trial you have the right to appeal your case to the Green County Circuit Court. All appeals must be filed in writing to the Municipal Court within 20 days after judgment (including Holiday and weekends). If you fail to meet this time limit, you have lost your right to appeal. Appeal fees, forfeitures and costs must all be paid upon filing the appeal. You can ask for the appeal forms after your trial.