§ 26-3. Contempt of court.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Contempt of court means intentional:

(1)

Misconduct in the presence of the court which interferes with a court proceeding or with the administration of justice, or which impairs the respect due the court;

(2)

Disobedience, resistance or obstruction of the authority, process or order of the court;

(3)

Refusal as a witness to appear, be sworn or answer a question; or

(4)

Refusal to produce a record, document or other object.

(b)

Imposition. The municipal judge may impose a sanction for contempt of court as follows:

(1)

Nonsummary procedure.

a.

A person aggrieved by a contempt of court may seek imposition of a sanction for the contempt by filing a motion for that purpose in the proceeding to which the contempt is related. The municipal court, after notice and hearing, may impose a sanction authorized by this article.

b.

The village attorney may seek the imposition of a sanction by issuing a summons and complaint charging a person with contempt of court and reciting the sanction sought to be imposed. The village attorney may issue the summons and complaint on his own initiative or on the request of the party to an action or proceeding in municipal court or of the municipal judge presiding in an action or proceeding. The summons and complaint shall be processed under Wis. Stats. ch. 800. If the contempt alleged involves disrespect to or criticism of the municipal judge, that judge is disqualified from presiding at the trial of the contempt unless the person charged consents to the judge's presiding at the trial.

c.

The municipal court may hold a hearing on a motion for sanction under subsection (b)(1)a. of this section, jointly with a trial on a summons and complaint seeking a sanction under subsection (b)(1)b.

(2)

Summary procedure. The municipal judge presiding in an action or proceeding may impose a sanction authorized by this article upon a person who commits contempt of court in the actual presence of the court. The municipal judge shall impose the sanction immediately after the contempt of court and only for the purpose of preserving order in the court and protecting the authority and dignity of the municipal court.

(3)

Appeal. A defendant aggrieved by a determination under this article may appeal in accordance with Wis. Stats. § 800.14.

(c)

Sanctions authorized.

(1)

The municipal judge may impose a forfeiture for contempt of court in an amount not to exceed $50.00; or

(2)

Upon the nonpayment of the forfeiture and the penalty assessment under Wis. Stats. § 165.87, and jail assessment under Wis. Stats. § 302.46, and any applicable domestic abuse assessment under Wis. Stats. § 973.055(1), the municipal judge may impose a jail sentence not to exceed seven days.

(Code 1989, § 1.04(2)(f))