Merrill Municipal Court Procedures

The Merrill Municipal Court represents the judicial branch of government. It is an independent branch of government that is co-located with municipal departments in the City Hall building. The judge is in charge of court operations and the court clerks administer court operations under the judge’s supervision and authority. The Wisconsin Supreme Court has the administrative supervisory authority over the municipal court judge and the clerks (Article VII, Sec 3, Const.)

Pursuant to the Wisconsin State Statutes, the Merrill Municipal Court is a trial court that deals exclusively with non-criminal cases involving city ordinance violations in the form of traffic citations and municipal code violations. Offenses brought before our court are violations that occur within the city limits and are decided by a judge. Payment of a monetary forfeiture to the City of Merrill is the primary sentence imposed on a defendant found guilty.

Remember that you are in a Court of law. While you are waiting for your case to be heard, please remain quiet while Court is in session and give others the courtesy to be heard while they present their case. Please turn off cell phones and pagers and remove hats.

Initial Appearance

The Initial Appearance session of the Court is primarily for the purpose of taking your plea to the alleged violation of the law. (See also Juvenile Cases)
The Judge will inform you of the exact charge against you; the range of possible penalties including points that may be imposed in traffic cases; and will request that you enter a plea of not guilty, guilty, or no contest.
If the appearance is your initial scheduled appearance date, you have the right to request a continuance (reschedule). This continuance can be used to consult with an attorney.

Entering A Plea

If you enter a plea of GUILTY, you are admitting that you committed the offense, and if the arrest report contains the necessary elements, you will be found guilty and a penalty will be imposed. You will be able to explain any circumstances that you wish the Court to consider when imposing the sentence.
If you enter a plea of NO CONTEST, you are neither pleading guilty nor not guilty, but merely want to have the matter resolved and pay the penalty. The effect of this plea is that you will be found guilty, but you will not be admitting your civil liability for use in other litigation, which should be expected where personal injury or property damage is involved.
If you enter a plea of NOT GUILTY, you deny committing the offense and you will be scheduled for a Pre-Trial hearing.

Click the form below to enter a plea in writing.

Written Plea

Pre-Trial

When you plead not guilty, a pre-trial hearing will be scheduled for a future date. You will be able to discuss the matter with the City Prosecutor before or during the pre-trial court date in an attempt to reach an agreement. The Judge does not participate in the pre-trial conference, nor does he have to accept any negotiated or amended charge. If an acceptable agreement is reached, it will be presented to the Judge for final approval. If the matter is not resolved, the case will be scheduled for a trial.

Trial

At a Court trial, you, as wellas the prosecution, will present your case before the Judge. You will need to prepare all of your evidence prior to this proceeding and bring any witnesses that would help your defense. The prosecution will produce its witnesses to testify as to the facts and circumstances surrounding your case. You, or your attorney, will have an opportunity 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 defense will be given an opportuntiy to summarize their respective cases to the Court through a brief statement. Thereafter, the Court will determine you innocence or guilt. If the Court finds you not guilty, the case will be dismissed. If you are found guilty, the Court will impose a penalty.

Click the document below for trial information and tips.

Trial Information and Tips Handout

Juvenile Cases

Juveniles: Age16 and under for municipal citations
Age 15 and under for traffic citations
Age 16 traffic citations are heard in Adult Court

Juvenile offenses will be called by number and heard in closed chambers. Juveniles must be accompanied by a parent or guardian. Juveniles have the same rights as adults in entering a plea. Juveniles are also required to pay any forfeiture imposed. If a juvenile fails to pay the forfeiture, his/her driver's license, or ability to obtain a driver's license, may be suspended for up to one (1) year.

Juvenile Court Times: 10 a.m. Pre-trials, Status Hearings, Etc.
10 a.m. Initial Appearances

See also Teen Court

Penalties for Non-Payment of Forfeitures

If you failed to pay in full and failed to contact the Court office by your due date, or if you failed to comply with a payment agreement with the Court, the Court may take one or more of the follwing actions:

Enter you debt into the Tax Refund Intercept Program.
Suspend your driving privileges for up to one (1) year.
Issue a Writ of Commitment for your incarceration in the county jail.
Turn your debt over to a collection agency where you may be responsible for any additional costs incurred.

Teen Court

Teen Court is a court run by teens for teens. Teen Court offers eligible youth an alternative to Municipal Court. It also holds teens accountable for their actions. Teen Court is an option for first-time juvenile (between the age of 12 and 16) offenders of non-violent municipal ordinances. Participants will have only one opportunity to take part in Teen Court. Once the juvenile completes the Teen Court sentence, the charge will be dismissed.

Please call the Court Office at (715) 539-3714 for further information on Teen Court.