Court Procedures – Adults
This is a court of law. Rules of evidence and proper decorum are expected. Please be quiet when court is in session so all individuals can be heard and present their case without distraction. ALL HATS MUST BE REMOVED. Persons who fail to conduct themselves in an orderly manner will be asked to leave and may be cited for contempt of court. The City of Kaukauna is committed to ensuring that you are treated with the courtesy and respect that every citizen has a right to expect from judicial officers. The court, in return, expects the same courtesy and respect.
The following rules and procedures will help you understand how Kaukauna Municipal Court functions. This court has jurisdiction over most traffic law violations and all city ordinance violations. These matters are not considered criminal in natures, so you are free to seek representation by an attorney at your own expense as you are NOT entitled to a public defendant appointment.
If you are charged with operating a motor vehicle while under the influence of an intoxicant (OMVWI) and the companion operating with a prohibited alcohol concentration, you may request to have your case transferred to Outagamie County Circuit Court for a jury trial. A written request for a transfer and payment of all required fees must be made within 10 days of your initial appearance in Municipal Court. Only OMVWI cases can be transferred to circuit court.
When making your initial appearance the following will occur. The citation will be read and potential penalties and other consequences will be explained. You will then be asked to enter a plea of “guilty”, “not guilty” or “no contest”. You may request a continuance for purposes of consulting with legal counsel or for other valid reasons.
If you enter a plea of guilty, it is an admission to the charge. The arrest officer’s report will typically be then read by the Judge. Restitution may be ordered in some cases. You will be allowed to make a statement before a penalty is assessed. If applicable, a computerized printout of your driving record may also be introduced by the city. You will receive an order outlining your penalty before you leave. If a forfeiture is imposed, be prepared to pay the full amount on the date of the hearing. If you are unable to pay due to economic circumstances you may request an installment payment plan.
A plea of no contest is similar to a plea of guilty and will also result in a finding of guilt. However, with a no contest pleas, you admit to no civil liability in connection with the incident, such as a claim for damages. The arresting officer’s report will typically be read by the Judge. Restitution may be ordered in some cases. As with a plea of guilty, you may offer comments or explanations which you deem relevant to the fact or sentencing by the court. Before leaving, you will receive an order outlining your penalty. If a forfeiture is imposed, be prepared to pay the full amount on the date of the hearing. If you are unable to pay due to economic circumstances you may request an installment payment plan.
If you enter a plea of not guilty, you deny the charges against you. Before leaving, you will be given a trail date, and of Notice of Pretrial and Pretrial instructions.
Pre-trial conferences are scheduled with Kaukauna City Attorney Kevin Davidson. To schedule a pretrial conference, contact Attorney Davidson at 920-766-6318, any time after the Monday following your initial appearance.
If you are found guilty of a traffic offense, the Wisconsin Department of Transportation (DOT) may assess demerit points against your driving record and your drivers’ license may be revoked or suspended. Assessment of 12 demerit points with a 12-month period will result in the revocation of driving privileges. If you driving privileges are in jeopardy, the DOT will advise you of the number of points assessed and the present status of your driving record upon request only. Violations of some traffic and alcohol offense may have automatic suspension or revocations of driving privileges.
If you need information regarding obtaining an occupational license, you may go to the Wisconsin Drivers’ Licensing Bureau service center located at 711 W. Association Drive, Appleton, WI. 54914. They can help you determine if you are eligible for an occupational license.