A Bench Book is a "guide to legal procedure, intended for use by a judge."  -Oxford English Dictonary

A desk-book according to the OED is "a book for constant use at the desk, a handbook, vade-mecum."

Today's title, Wisconsin Municipal Judge Benchbook, combines the best of both of these mediums.  It has a lot of everything a lawyer needs to know to practice at the local court level.  And it informs the work of municipal judges across the state of Wisconsin.  What could be a better pairing?

And the great thing is it is available online for you to take anywhere your practice takes you!

This workhorse is certainly worth a good look given its wide coverage of practical legal topics.

Chapter One starts out with an Overview of Wisconsin's Court system.  It is noted in black-letter that the municipal court is an independent brach of government.  The jurisdiction and role of the municipal judge are defined, as well as, the financing and staffing of the court.

Like all Bench Books I have ever used, the contents are organized in an outline format.  On the left-hand side of the page is the legal authority governing the commentary on the right-hand side, e.g. the section below is required of The Municipal Judge, p. 1-8 (2024).

B. Steps to take after being elected, appointed, or reelected

                    755.03                                                                        1) Take the official oath of office

a. This is printed in § 757.02(1) of the Wisconsin
Statutes

Contnuing right along, Court Administration is the topic of Chapter Two.  Defendant's Rights are covered in Chapter Three.  These include rights before trial, trial rights, and rights after judgment entered.

Court Procedure, Pretrial Motions and Procedures, and Trial are the topics of Chapters Four, Five, and Six.  These chapters rely heavily on Wis. Stats. ch. 800 (2023-24).  It will be worth your effort to review this chapter of the statutes.

The next few chapters of the Bench Book cover important trial subjects as juveniles, non-traffic ordinance cases, traffic cases, OWI, and performing marriages.  Chapter Ten covering Operating a Motor Vehicle while Intoxicated includes a fair amount of technical material covering such topics as implied consent, chemical tests, refusal to take test, and OWI-related case law annotations.

There are also chapters on evidence and determining constitutionality, along with chapters on judgment, and poverty and indigency hearings.  Two more chapters on Judicial Ethics and Mandatory Education round out the title.  A great deal of attention and detail has been given to the topic of Judicial Ethics.

Lastly, there are sample municipal court forms, various tables, (e.g. Juvenile/Underage Sentencinng Tables, Ch. 8-A), and lists of resources, such as the "Department of Transportation Telephone Referral Numbers for Driver Licensing" covering contacts for any number of questions that might come up during traffic and OWI cases.

All of this material is meant to assist municipal judges in their work.  Attorneys, too, will benefit by making their knowledge of the courts an essential part of their everyday practice.

Finally, many thanks to the Office of Judicial Education and the Municipal Judge Benchbook Advisory Committee for their many years of hard work and dedication in putting together this knowledgeable and useful resource.

Submitted by Eric Taylor, Evening Reference Librarian on February 18, 2025

This article appears in the categories: Law Library

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