Court Procedures – Juveniles

Court Conduct

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.  All matters for juveniles are currently heard in private, unless the juvenile knowingly waives a closed hearing after consulting with an attorney.

Pleas

When you are called into the courtroom, please step forward.  Your parents may appear and stand with you.  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 read by the Judge. You will be allowed to make a statement before a penalty is assessed.  Restitution may be ordered in some cases.  If applicable, a computerized printout of your driving record may also be introduced by the city.  Restitution may be ordered in some cases.  You will receive an order outlining your penalty before you leave.

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. 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.  If applicable, a computerized printout of your driving record may also be introduced by the city.  Before leaving, you will receive an order outlining your penalty.

If you enter a plea of not guilty, you deny the charges against you.  Your case will then be set for pretrial. Before leaving, you will be given a trail date, 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.

Juvenile Penalties

The following penalties may be imposed: Community service; suspension of driver’s license; suspension of work permit; curfew; letter of apology; attend “quit smoking” class; undergo alcohol and drug assessment; attend chemical abuse counseling program; provide copy of report cards; monetary payment; restitution; or comply with parental directives.  Other penalties may also be considered.  If you are unable to pay due to economic circumstances you may request either an installment payment plan or to perform community service in lieu of your forfeiture.  If you feel that you qualify, please see the clerk for poverty guidelines.

Traffic Violations – Juveniles

Traffic violations by juveniles are treated the same as for adults.  However, defendants between the ages of 14-16 are heard in private unless the juvenile knowingly waives a closed hearing after consulting with an attorney.  A money judgment may be entered upon a finding of guilt.  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 driver’s license may be revoked or suspended.  Assessment of 12 demerit points within a 12-month period will result in suspension of your 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 driver’s license, upon request.  A juvenile may not be jailed for failing to pay a forfeiture, but driving privileges may be suspended for up to one year for failing to pay.  Community service or other action may be ordered.  Possession or consumption of alcohol by a juvenile will result in a suspension of driving privileges, as well as a forfeiture.