Municipal Court Procedures

All court proceedings will take place at the Ashwaubenon Municipal Court at 2155 Holmgren Way, Ashwaubenon, WI 54304.  The Court can be reached at 920.492.2307 Monday - Thursday 7:30 am to 4:00 pm and Friday 7:30 a.m. to 11 am.  You can also communicate with the Court via email at court@ashwaubenon.gov, or via fax at 920.492.2321.

Since this may be your first visit to this Court and it is our desire that you be fully advised of your rights and of this Court's procedures, please take the time to read this information.  It will give you important insight into what is happening with your case.

You have the right to be represented by an attorney, or you may proceed without one.  If you want an attorney, you must retain one at your expense.

At the initial appearance, you are expected to enter a plea of Guilty, No Contest, or Not Guilty.

When you enter a plea of Guilty, you admit that you committed the offense.  In most cases, a penalty will be imposed immediately.

When you enter a plea of No Contest, you are not contesting that you committed the offense. The Court will find you guilty and impose the appropriate penalty.  However, you will not be admitting your civil liability, and a No Contest plea cannot be used against you in any other action or in any other Court.

If you plead NOT GUILTY, you will be scheduled for a pretrial conference with the Village Attorney. If the case cannot be resolved at this conference, a trial will be scheduled and held in this court.

If you are cited for a violation of OWI and PAC/BAC, you may request a jury trial before the Brown County Circuit Court.  Requests for jury trial must be made to the Ashwaubenon Municipal Court IN WRITING, within ten (10) days of your initial appearance, and must be accompanied with a check made payable to the Brown County Court Clerk.  The check must include a jury fee of $36.00 for a 6-person jury.  The case will then be transferred to the Brown County Circuit Court, and all further communication will be from them.  If you do not properly request the jury trial within the 10-day period, you are forever barred from doing so, and your trial will be held in this Court.

You have the right to request that your trial be held in another Municipal Court.  Your request must be made to the Ashwaubenon Municipal Court IN WRITING within ten (10) days of your initial appearance, or you will be forever barred from transferring the trial.

A trial will be conducted if you have pled Not Guilty and if you have not been able to settle your case during the pretrial conference.

The Village of Ashwaubenon has the burden of proving you guilty.  First, the prosecution will produce its witnesses to testify as to the facts and circumstances surrounding your case. You or your attorney will then 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.  You will be subject to cross-examination by the prosecution.  After all the evidence has been presented, you and the prosecution will be given an opportunity to briefly summarize your respective positions to the Court.  The Court will then determine if the ordinance or traffic law was violated.

If the Court finds you Not Guilty, the case is concluded.  If you are found Guilty, the Court will impose a penalty, taking into consideration the seriousness of the violation, the hazardous condition, if any, which may have existed at the time, and your past record.

Either party has a right to appeal the decision to the Brown County Circuit Court within twenty (20) days, and you may request a jury trial on appeal.  The appeal fee, forfeiture, and costs must be paid upon filing the appeal.

If you are found Guilty, whether by entering a plea of Guilty or No Contest or upon completion of a trial, the Court may impose forfeiture.  Forfeitures should be paid within the 60-day period.  Please let the Court know if you need more time to pay this forfeiture.  Failure to pay your fine by the due date will result in one or more of the following actions:

• Suspension of your driver’s license, which then carries a mandatory $60.00 reinstatement fee
• Issuance of a writ of commitment for your arrest
• Referral of your unpaid fine to the Dept of Revenue (TRIP) or (SDC) for collection through interception of your tax refunds, garnishments, seizure of property, bank accounts, IRA’s, among other things.  In addition to your forfeiture owed, the Dept of Revenue will add a service fee to collect the debt owed(nonrefundable).

In traffic cases, in addition to the forfeiture imposed by the Court, the State Department of Transportation may assess demerit points against your driving record.  The Court will inform you of the points involved in your case.  The Department may suspend your operating privileges when your driving record shows that you have obtained or accumulated twelve (12) points in twelve (12) months (violation date to violation date). To check your driving license status, go to WisconsinDMV.gov or call 608.266.2261

The Municipal Court has jurisdiction over children 12-17 years old charged with non-traffic ordinance violations.  If the defendant is 17 years old, he/she is considered an adult.  Juveniles have the same right with respect to pleas.

This is a court of law, and the rules of proper decorum must be followed.  Quite order must be maintained.  Give others the courtesy to be heard and present their cases.  No food or drink is allowed.  Hats and head gear must be removed.  No smoking is allowed.  Turn off all cell phones, pagers, and music.  If you fail to conduct yourself in an orderly manner, you may be cited for contempt.

If you do not understand your rights or the nature of the charge against you, please feel free to ask for an explanation.  You should expect politeness and respect from Court personnel.  We expect the same from you.