What to do? Move for Declaratory Judgment
? This is part of an ongoing saga of a municipal citation/trial gone bad. Was issued a municipal citation. Filed motion to dismiss
for lack of personal jurisdiction. The court never called the motion, but instead assumed PJ (without saying a word) and moved into trial. Despite nonappearance by key "witness", was found guilty. Judge orally pronounced an erroneous sentence. Basically, sentence as pronounced was almost nil. Written judgment reflected same. Complete harmony between the two records. Clerk later noticed missing detail. Clerk sent letter "confirming" the missing details, apologizing for not including it in the paperwork at trial. Trouble is, judge never uttered such details (discretionary, exclusively the power of the judge). Clerk is denied even authority to correct a clerical error (see State of Wis v. Prihoda, Wis. Sup. Ct 2000).
Appeared before muni court to point this out. Judge pointed to the clerk's "confirmation" letter and declared that was the sentence. This is foolishness, however, as any clerk could then issue any "correction" at any time. What a mess!
What's my best course of action to get this corrected? Yes, the sentence was probably erroneous (incomplete)... but I satisfied the pronounced obligations TO THE LETTER.
So, in my mind, obligations were satisfied.