Wisconsin Statutes
Wis. Stat. § 800.09 (2026)
Judgment
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
800.09(1b)(1b) If the court finds a defendant guilty, the court may render judgment by ordering any of the following:
800.09(1d)(1d) The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, costs, fees, and surcharges.
800.09(1g)(1g) The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant’s motor vehicle operating privilege, as provided in sub. (1b) (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), and that he or she may request community service in lieu of payment of the judgment. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant’s income, or to perform community service in lieu of payment of the judgment. In 1st class cities, all of the written information required by this subsection shall be printed in English and Spanish and provided to each defendant.
800.09(1j)(1j) If the court orders the defendant to perform community service work in lieu of making restitution or of paying the forfeiture, surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the person to whom restitution is owed. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
800.09(3)(a)(a) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court may terminate that suspension and substitute an installment payment plan for paying the amount of the judgment that takes into account the defendant’s income.
800.09(3)(b)(b) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court shall terminate that suspension and substitute an installment payment plan for the payment of the amount of the judgment that takes into account the defendant’s income if all of the following conditions apply:
800.09(3)(b)1.1. The defendant is unable to pay the judgment in full because of poverty, as that term is used in s. 814.29 (1) (d).
800.09(3)(b)2.2. The defendant has not previously failed to comply with an installment payment plan ordered under this section that takes into account the defendant’s income.
800.09(3)(c)(c) If the defendant fails to comply with an installment payment plan ordered under this subsection, the court shall reinstate the suspension of the defendant’s operating privilege.
800.09(4)(4) Notwithstanding s. 755.045 or 800.115 (2), no municipal judgment alleged by the defendant to be void due to the existence of a conviction, suspension, or revocation arising from another matter that existed at the time of the municipal judgment shall be considered void by any court unless the defendant disclosed the conviction, suspension, or revocation with specificity and in writing to the municipal court and to the prosecuting attorney prior to the entry of the municipal judgment.
800.09 HistoryHistory: 1977 c. 305; 1979 c. 32 s. 68; Stats. 1979 s. 800.09; 1981 c. 317; 1985 a. 179; 1987 a. 27, 389; 1987 a. 399 s. 494u; 1989 a. 107; 1991 a. 39, 40, 189; 1993 a. 16; 1997 a. 27, 84; 1999 a. 9, 185; 2001 a. 16; 2003 a. 139; 2009 a. 17, 103, 402; 2011 a. 257; 2015 a. 55; 2019 a. 70; 2021 a. 240 s. 30.
800.09 AnnotationSection 343.30 (5) does not preclude the suspension of operating privileges under this section or s. 800.095. Suspension of operating privileges for failure to pay non-traffic forfeitures is not an unconstitutional exercise of the police power or an unconstitutionally excessive fine. City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 532 N.W.2d 690 (1995).
800.09 AnnotationAn award of costs of prosecution does not include actual attorney fees. Town of Wayne v. Bishop, 210 Wis. 2d 218, 565 N.W.2d 201 (Ct. App. 1997), 95-2387.
800.09 AnnotationA municipal court is not authorized under former s. 885.04, 2017 stats., to subpoena persons outside of the state; thus the court in this case could not order an out of state defendant to appear in person. There is no inherent authority in the court authorizing such an order. City of Sun Prairie v. Davis, 226 Wis. 2d 738, 595 N.W.2d 635 (1999), 97-1651.
Notes of Decisions
Cited in 9
cases, 1989–2018 · leading case: State v. Christopher John Kerr, 913 N.W.2d 787 (Wis. 2018).
State v. Christopher John Kerr, 913 N.W.2d 787 (Wis. 2018). “"9 See Wis. Stat. § 800.09 (1g). The reviewing court concluded in fact that the standard default judgment form contained the information required to be given by statute.”
City of Milwaukee v. Kilgore, 532 N.W.2d 690 (Wis. 1995). “2 section 800.09, Stats., provides in part: Judgment; failure to appear; plea of guilty.”
State v. Grandberry, 619 N.W.2d 399 (Iowa 2000). “Wis.Stat.Ann. § 800.09(2)(a) (West Supp.1995-96).”
City of Sun Prairie v. Davis, 579 N.W.2d 753 (Wis. Ct. App. 1998). “, for the contention that even if he did not comply with an order the court had the authority to issue, the court cannot choose to enter judgment against him as a sanction for noncompliance. This is just a re-statement of his earlier contention that § 800.”
City of Milwaukee v. Wroten, 466 N.W.2d 861 (Wis. 1991). “2d 101, 120 , the jail time that the defendant might have been ordered to serve for violation of the ordinance would have exceeded 90 days, the maximum amount of time sanctioned under sec. 800.09, Stats. In any case, the defendant in this case has never argued that the ordinance…”
City of Milwaukee v. Kilgore, 517 N.W.2d 689 (Wis. Ct. App. 1994). “We conclude, however, that under *505 §§ 800.09 and 800.095, STATS., 1 municipal court judges do have such authority and, further, that the statutory authority is constitutional.”
Matter of Sims, 101 B.R. 52 (Bankr. W.D. Wis. 1989). “(a), (b) or (c) or any combination thereof, as follows: (a) ... At the time the judgment is rendered, the court shall inform the defendant .”
Hass v. Wisconsin, 241 F. Supp. 2d 922 (E.D. Wis. 2003). “Wis. Stat. § 800.09 (1) (1977) (amended 1988); see also Kilgore, 193 Wis.”
Trewhella v. Fiedler, 517 N.W.2d 689 (Wis. Ct. App. 1994). “We conclude, however, that under *505 §§ 800.09 and 800.095, STATS., [1] municipal court judges do have such authority and, further, that the statutory authority is constitutional.”
— Wis. Stat. § 800.09(1) — 1 case
Hass v. Wisconsin, 241 F. Supp. 2d 922 (E.D. Wis. 2003). “Wis. Stat. § 800.09 (1) (1977) (amended 1988); see also Kilgore, 193 Wis.”
— Wis. Stat. § 800.09(1)(a) — 1 case
Trewhella v. Fiedler, 517 N.W.2d 689 (Wis. Ct. App. 1994). “We conclude, however, that under *505 §§ 800.09 and 800.095, STATS., [1] municipal court judges do have such authority and, further, that the statutory authority is constitutional.”
— Wis. Stat. § 800.09(1)(c) — 2 cases
City of Milwaukee v. Kilgore, 532 N.W.2d 690 (Wis. 1995). “2 section 800.09, Stats., provides in part: Judgment; failure to appear; plea of guilty.”
Trewhella v. Fiedler, 517 N.W.2d 689 (Wis. Ct. App. 1994). “We conclude, however, that under *505 §§ 800.09 and 800.095, STATS., [1] municipal court judges do have such authority and, further, that the statutory authority is constitutional.”
— Wis. Stat. § 800.09(1g) — 1 case
State v. Christopher John Kerr, 913 N.W.2d 787 (Wis. 2018). “"9 See Wis. Stat. § 800.09 (1g). The reviewing court concluded in fact that the standard default judgment form contained the information required to be given by statute.”
— Wis. Stat. § 800.09(2) — 1 case
City of Sun Prairie v. Davis, 579 N.W.2d 753 (Wis. Ct. App. 1998). “, for the contention that even if he did not comply with an order the court had the authority to issue, the court cannot choose to enter judgment against him as a sanction for noncompliance. This is just a re-statement of his earlier contention that § 800.”
— Wis. Stat. § 800.09(2)(a) — 1 case
State v. Grandberry, 619 N.W.2d 399 (Iowa 2000). “Wis.Stat.Ann. § 800.09(2)(a) (West Supp.1995-96).”
— Wis. Stat. § 800.09(2)(b) — 2 cases
City of Sun Prairie v. Davis, 579 N.W.2d 753 (Wis. Ct. App. 1998). “, for the contention that even if he did not comply with an order the court had the authority to issue, the court cannot choose to enter judgment against him as a sanction for noncompliance. This is just a re-statement of his earlier contention that § 800.”
State v. Grandberry, 619 N.W.2d 399 (Iowa 2000). “Wis.Stat.Ann. § 800.09(2)(a) (West Supp.1995-96).”
— Wis. Stat. § 800.09(l)(a) — 2 cases
Matter of Sims, 101 B.R. 52 (Bankr. W.D. Wis. 1989). “(a), (b) or (c) or any combination thereof, as follows: (a) ... At the time the judgment is rendered, the court shall inform the defendant .”
City of Milwaukee v. Kilgore, 517 N.W.2d 689 (Wis. Ct. App. 1994). “We conclude, however, that under *505 §§ 800.09 and 800.095, STATS., 1 municipal court judges do have such authority and, further, that the statutory authority is constitutional.”
— Wis. Stat. § 800.09(l)(c) — 1 case
City of Milwaukee v. Kilgore, 517 N.W.2d 689 (Wis. Ct. App. 1994). “We conclude, however, that under *505 §§ 800.09 and 800.095, STATS., 1 municipal court judges do have such authority and, further, that the statutory authority is constitutional.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.