This chapter shall govern the organization and operation of the Municipal Criminal Court of the town as put into operation by resolution, duly passed and filed in accordance with the law as authorized by 11 O.S. §§ 27-101 and 27-102. To the extent of a conflict between any provisions of this chapter and the provisions of any ordinance of the town, the provisions of this chapter shall control.
(Prior Code, § 6-101)
Statutory reference:
Related provisions, see 11 O.S. §§ 27-101 through 27-131
§ 32.02 Definitions
For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
CHIEF OF POLICE or POLICE CHIEF. The peace officer in charge of the police force of the municipality.
CLERK-TREASURER. The Clerk-Treasurer of the municipality, including any Deputy or member of the office staff of the Clerk-Treasurer while performing the duties of the Clerk-Treasurer’s office.
COURT. The Municipal Court of the town.
GOVERNING BODY. The Town Board of Trustees of the town.
JUDGE. The Judge of the Municipal Court, including any Acting Judge or Alternate Judge thereof as provided for by the statutes of the state and this chapter.
MUNICIPALITY or THE MUNICIPALITY. The Town of Calera, Oklahoma.
THE JUDICIAL DISTRICT. The district court judicial district of the State of Oklahoma wherein the government of the municipality is situated.
(Prior Code, § 6-102)
§ 32.03 Days And Hours Open
The Municipal Judge shall be a conservator of the peace. His or her court shall be open on the first Wednesday of each month beginning at 9:00 a.m., unless otherwise specified, and continue until further order of the Court. The Court will hear and determine all cases cognizable before him or her. The Municipal Judge may perform no other act on Sunday except to receive complaints, issue process and take bail.
Related provisions, see 11 O.S. §§ 27-101 through 27-131
§ 32.04 Jurisdiction Of Court
The Court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the municipality is charged, including any such prosecutions transferred to the Court in accordance with applicable law.
(Prior Code, § 6-103)
§ 32.05 Rules Of Court
The Judge may prescribe rules consistent with the laws of the state and with the ordinances of the municipality for the proper conduct of the business of the Court.
(Prior Code, § 6-117)
§ 32.06 Enforcement Of Rules
Obedience to the orders, rules and judgments made by the Judge or by the Court may be enforced by the Judge, who may fine or imprison for contempt committed as to him or her while holding court, or committed against a process issued by him or her, in the same manner and to the same extent as the district courts of the state.
(Prior Code, § 6-118)
§ 32.07 Filing Written Complaints To Prosecute Violations
(A) All prosecutions for violations of ordinances of the municipality shall be styled “The Town of Calera vs. (naming defendant or defendants).”
(B) Except as provided hereinafter, prosecution shall be initiated by the filing of a written complaint subscribed and verified by the person making such complaint setting forth concisely the offense charged and approved for filing by the Town Attorney.
(Prior Code, § 6-119)
§ 32.08 Summons For Arrest
(A) Upon the filing of a complaint charging violation of any ordinance, the Judge, unless he or she determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, shall issue a summons naming the person charged, specifying his or her address or place of residence, if known, stating the offense with which he or she is charged and giving him or her notice to answer the charge in the Court on a certain day as specified after the summons is served upon him or her, and including such other pertinent information as may be necessary.
(B) (1) The summons shall be served by delivering a copy to the defendant personally.
(2) If he or she fails to appear and to answer the summons within the prescribed period, then a warrant shall be issued for his or her arrest, as provided by this chapter.
(Prior Code, § 6-125)
§ 32.09 Form Of Arrest Warrant
(A) Except as otherwise provided in the ordinances of the municipality, upon the filing of a complaint approved by the endorsement of the Attorney of the municipality or by the Judge, there shall be issued a warrant of arrest in substantially the following form.
The Town of Calera to the Chief of Police of the Town of Calera, Oklahoma.
Complaint upon oath having this day been made by (naming complainant) that the offense (naming the offense in particular but general terms) has been committed and accusing (name of defendant) thereof, you are commanded therefor forthwith to arrest the above-named defendant and bring the above-named (name of defendant) before me at the municipal courtroom,
Witness my hand this ___ day of _____, 20___.
________________________
Judge of the Municipal Court
Calera, Oklahoma
(B) It is the duty of the Police Chief, personally or through a duly-constituted member of the police force of the municipality, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible.
(Prior Code, § 6-126)
§ 32.10 Bail Or Bond Procedures
(A) Upon arrest or upon appearance without arrest in response to a citation or summons, or at any time before trial, whether before or after arraignment, the defendant shall be eligible to be released upon giving bail for his or her appearance in an amount and upon conditions fixed by this chapter or the Judge, who shall prescribe appropriate rules of court for the receipt of bail.
(B) In the case of arrests made at night or under other conditions of emergency, or when the Judge is not available, the rules shall authorize the Police Chief or his or her designated representative to accept a temporary cash bond of not less than $10 nor more than the maximum monetary penalty provided by ordinance for the offense charged.
(C) A bail bond schedule may be adopted by the Judge and amended from time to time.
(Prior Code, § 6-122)
§ 32.11 Bond And Fine Schedule
A schedule of bonds and fees may be adopted and amended from time to time by the Board of Trustees. A copy of bonds, fees or fines shall be kept in the office of the Clerk.
(Prior Code, § 6-123)
§ 32.12 Arraignment And Pleadings By Defendant
(A) Upon making his or her appearance before the Court, a defendant shall be arraigned. The Judge or the Attorney of the municipality shall read the complaint to the defendant, inform him or her of his or her legal rights, including the right of a trial by jury, if available, and of the consequences of conviction, and shall ask him or her whether he or she pleads guilty or not guilty.
(B) If the defendant pleads guilty, then the Court may proceed to judgment and sentence or may continue the matter for subsequent disposition.
(C) If the plea is not guilty and the case is not for jury trial, then the Court may proceed to try the case or may set it for hearing at a later date.
(Prior Code, § 6-127) Penalty, see § 32.99
§ 32.13 Witness Fees
(A) Witnesses in any proceeding in the Court other than the police officers or peace officers shall be entitled to a sum per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the limits of the municipality. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel.
(B) (1) A defendant seeking to subpoena witnesses must deposit with the Clerk a sum sufficient to cover the fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out:
(a) The names of not more than three witnesses;
(b) That the defendant, by reason of his or her poverty, is unable to provide the fees and mileage allowed by law;
(c) That the testimony of the witnesses is material; and
(d) That their attendance at the trial is necessary for his or her proper defense.
(2) The fees of such witnesses shall be paid by the municipality.
(Prior Code, § 6-129)
§ 32.14 Trial And Judgments
(A) Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
(B) The defendant must be present in person at the trial.
(C) In all trials, as to matters not covered in this chapter or by the statutes relating to municipal criminal courts or the rules duly promulgated by the State Supreme Court, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective.
(D) If the defendant pleads guilty or is convicted after the trial, then the Court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
(E) At the close of trial, judgment must be rendered immediately by the Judge, who shall cause it to be entered in his or her docket.
(F) If the judgment is of acquittal and the defendant is not to be detained for any other legal cause, then he or she must be discharged at once.
(G) (1) A judgment that the defendant pay a fine may also direct that he or she be imprisoned until the fine is satisfied at the rate of one day of imprisonment for each $5 of fine.
(2) If the defendant is without means to pay the fine or costs, then the Municipal Court Judge may direct the total amount due to be entered upon the Court minutes and to be certified to the district court of the county wherein the situs of government is situated, where it shall be entered upon the district court’s judgment docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
(Prior Code, § 6-128) Penalty, see § 32.99
§ 32.15 Bench Warrants
In those cases requiring a court appearance, the Court may accept the forfeiture of the bond and apply it to the fine and costs or forfeit the bond and issue a warrant for the arrest of the person failing to appear.
(Prior Code, § 6-131) Penalty, see § 32.99
§ 32.16 Fines And Costs Upon Conviction
If a judgment of conviction is entered, then the Clerk of the Court shall tax the costs to the defendant, which shall be the maximum allowed by state law plus the fees and mileage of witnesses and jurors, but the total amount of the fine may not exceed the amount set forth in § 10.99(A) of this code.
(Prior Code, § 6-134) Penalty, see § 32.99
§ 32.17 Penalty Assessment; Deposit Of Funds
(A) Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
CONVICTED. Any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment.
(B) Fee assessed. Any person convicted of an offense punishable by a fine of $10 or more or by incarceration, excluding parking and standing violations, or any person forfeiting bond when charged with such an offense shall be ordered by the Court to pay a separate penalty assessment, which shall be the maximum allowed by state law, which shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense. A defendant admitted to bail on an undertaking by a surety may include the amount of the penalty assessment in the undertaking.
(C) Collection and deposit.
(1) Upon conviction or bond forfeiture, the Court shall collect the penalty assessment and deposit it in an account created for that purpose. As an administrative fee for handling funds collected as a penalty assessment, the Court is authorized to retain 2% of such monies and may also retain all interest accrued thereon prior to the due date for deposits as provided in this division (C).
(2) The remainder of such monies shall be forwarded quarterly by the Court Clerk to the State Treasury. Deposits shall be due July 15 for the preceding quarter ending June 30, October 15 for the preceding quarter ending September 30, January 15 for the preceding quarter ending December 31 and April 15 for the preceding quarter ending March 31.
(A) If, after conviction, a judgment of imprisonment is entered, then a copy thereof, certified by the Clerk, shall be delivered to the Police Chief, the County Sheriff or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence.
(B) All prisoners confined to jail on conviction or on a plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings or other public premises or properties. For each day of such work, the prisoner shall be credited for serving one day of imprisonment under his or her sentence.
(C) The Police Chief, subject to the direction of the governing body, shall direct where such work shall be performed. The head of the department in charge of the place where the work is to be performed, himself or herself, or by some person designated by him or her, shall oversee the work. If a guard is necessary, then the Police Chief shall make provision therefor.
(Prior Code, § 6-133)
§ 32.19 Suspension Of Judgment Or Costs; Reconfinement
(A) Suspension. Whenever any person shall be convicted in the Municipal Court of violating a municipal ordinance, the Judge trying the cause, after sentence, may suspend the judgment or costs, or both, and allow the person so convicted to be released upon his or her own recognizance. Any person so released shall be required to report at such times and to such person or officer as the Judge shall direct.
(B) Warrant issuance. The Judge may cause a warrant to be issued for any person so released if it shall be made to appear to the Judge that such person:
(1) Has been guilty of the violation of any law after his or her release;
(2) Is engaging in activities for which such a warrant may be issued pursuant to state law; or
(3) Is engaging in vicious habits.
(C) Reconfinement. Upon the issuance of such warrant by the Judge, the person shall be delivered forthwith to the place of confinement to which he or she was originally sentenced and shall serve out the full term for which he or she was originally sentenced.
(Prior Code, § 6-130) Penalty, see § 32.99
Traffic Violations
§ 32.30 Traffic Violations Bureau Created
(A) There may be established a Traffic Violations Bureau for the town. The Judge may establish rules, consistent with the laws of the state and with the ordinances of the municipality, for the Traffic Violations Bureau. The Traffic Violations Bureau shall be staffed by Court personnel and be physically separate and apart from the Police Department.
(B) The Traffic Violations Bureau shall accept fines which may be paid in lieu of a court appearance for such traffic offenses as may be designated by the Judge under the Court’s rules. The schedule of fines shall be adopted by the governing body from time to time by motion or resolution. A copy shall be kept in the Clerk’s office.
(C) Payment of any fine to the Traffic Violations Bureau shall be deemed a final determination of the cause against the defendant. In no event shall any such payment be introduced as evidence in any civil cause arising out of the offense charged.
(Prior Code, § 6-124)
§ 32.31 Traffic Ordinance Violations; Citation, Custody And Arrest Procedures
(A) (1) If a police officer observes facts which he or she believes constitute a violation of the traffic ordinances of the municipality, then in lieu of arresting such a person, he or she may release the person on personal recognizance in accordance with § 32.32 of this chapter or take his or her name, address and operator’s license number, the registered license number of the motor vehicle involved and any other pertinent and necessary information and may issue him or her in writing, in a form prescribed by the Mayor or his or her duly-designated delegate, a traffic citation embracing the above information and also stating the traffic violation alleged to have occurred, and notifying him or her to answer to the charge against him or her at a time not later than the date specified in the citation.
(2) The officer, upon receiving the written promise of the alleged violator endorsed on the citation to answer as specified, may then release the person from custody. If the person to whom a citation is issued fails to answer as prescribed in the citation, then a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
(B) If the alleged traffic violation is committed by a nonresident or resident of the municipality, then the police officer may:
(1) Release the person in accordance with this chapter after obtaining sufficient information as set out in division (A) above pending his or her appearance on a day certain in court, as specified in the citation;
(2) Take the person into custody and demand that bond for the offense charged be posted according to the provisions of this chapter; or
(3) Take the person into custody under arrest. The arrested person either shall be taken immediately before the Judge for further proceedings according to law or shall have bail fixed for his or her release in accordance with the provisions of this chapter. Upon providing bail as fixed, and upon giving his or her written promise to appear upon a day certain as provided in division (A) above, the person shall be released from custody.
(C) If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, then the police officer shall place on the vehicle at a place reasonably likely to come to the notice of the operator a citation conforming substantially to that prescribed in divisions (A) or (B) above, with such variation as the circumstances require. The operator of such vehicle shall be under the same obligation to respond to the citation as if it had been issued to him or her personally under divisions (A) or (B) above.
(Prior Code, § 6-120) Penalty, see § 32.99
§ 32.32 Traffic Bail Bond Procedures
(A) In addition to other provisions of law for posting bail, any person, whether a resident of the state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance shall be released by the arresting officer upon personal recognizance if:
(1) The arrested person has been issued a valid license to operate a motor vehicle by the state, by another state jurisdiction within the United States or by any party jurisdiction of the Nonresident Violator Compact, being 47 O.S. § 790;
(2) The arresting officer is satisfied as to the identity of the arrested person;
(3) The arrested person signs a written promise to appear as provided for on the citation; and
(4) The violation does not constitute:
(a) A felony;
(b) Negligent homicide;
(c) Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances;
(d) Eluding or attempting to elude a law enforcement officer;
(e) Operating a motor vehicle without having been issued a valid driver’s license or while the license is under suspension, revocation, denial or cancellation;
(f) An arrest based upon an outstanding warrant;
(g) A traffic violation coupled with any offense stated in divisions (A)(4)(a) through (A)(4)(f) above;
(h) An overweight violation or the violation of a special permit exceeding the authorized permit weight; or
(i) A violation relating to the transportation of hazardous materials.
(B) (1) If the arrested person is eligible for release on personal recognizance as provided for in division (A) above, then the arresting officer shall:
(a) Designate the traffic charge;
(b) Record information from the arrested person’s driver’s license on the citation form, including the name, address, date of birth, personal description, type of driver’s license, driver’s license number, issuing state and expiration date;
(c) Record the motor vehicle make, model and tag information;
(d) Record the arraignment date and time on the citation; and
(e) Permit the arrested person to sign a written promise to appear as provided for in the citation.
(2) The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional, and that failure to timely appear for arraignment shall result in the suspension of the arrested person’s driver’s license in the state or in the nonresident’s home state, pursuant to the Nonresident Violator Compact.
(C) Procedures for arraignment, continuances and scheduling, timely appearances, pleas of guilty or nolo contendere, posting bail, payment of fines and costs, issuance of arrest warrants and requests for suspension of a driver’s license shall be as required in state law, 22 O.S. §§ 1115.1 through 1115.5.
(D) A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he or she is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or her or on a legible copy thereof, together with the date of the plea and his or her signature. The defendant shall be responsible for assuring full payment of the fine and costs to the Court Clerk. The defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this subsection, then such plea shall be accepted by the Court and the amount of the fine and costs shall be as prescribed by ordinance for the violation charged or as prescribed by the Court.
(E) (1) If, pursuant to the provisions of division (D) above, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, then the Court may issue a warrant for the arrest of the defendant, and the Municipal Court Clerk or District Court Clerk, within 120 calendar days from the date the citation was issued by the arresting officer, shall notify the State Department of Public Safety that:
(a) The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided for in the citation;
(b) The defendant has failed to appear for arraignment without good cause shown;
(c) The defendant has not posted bail, paid a fine or made any other arrangement with the Court to satisfy the citation; and
(d) The citation has not been satisfied as provided by law.
(2) The Court Clerk shall request the State Department of Public Safety to either suspend the defendant’s driver’s license to operate a motor vehicle in the state or notify the defendant’s home state and request suspension of the defendant’s driver’s license in accordance with the provisions of the Nonresident Violator Compact. Such notice and request shall be on a form approved or furnished by the State Department of Public Safety.
(3) The Court Clerk shall not process the notification and request provided for in this division (E) if, with respect to such charges:
(a) The defendant was arraigned, posted bail, paid a fine, was jailed or otherwise settled the case;
(b) The defendant was not released upon personal recognizance upon a signed written promise to appear as provided for in this section or, if released, was not permitted to remain on such personal recognizance for arraignment;
(c) The violation relates to parking or standing, an overweight violation, an overweight permit or the transportation of hazardous materials; or
(d) A period of 120 calendar days or more has elapsed from the date the citation was issued by the arresting officer.
(F) (1) The Court Clerk shall maintain a record of each request for a driver’s license suspension submitted to the State Department of Public Safety pursuant to the provisions of this section. When the Court or Court Clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant or otherwise closes the case, the Court Clerk shall furnish proof thereof to such defendant if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation or at such other address as is furnished by the defendant.
(2) Additionally, the Court or Court Clerk shall notify the home jurisdiction of the defendant as listed on the citation if such jurisdiction is a member of the Nonresident Violator Compact, and shall in all other cases notify the State Department of Public Safety of the resolution of the case. The form of proof and the procedures for notification shall be approved by the State Department of Public Safety, provided, however, that the Court or Court Clerk’s failure to furnish such proof or notice in the manner provided for in this division (F) shall in no event create any civil liability upon the Court, the Court Clerk, the state or any political subdivision thereof, any state department or agency or any employee thereof, but duplicate proof shall be furnished to the person entitled thereto upon request.
(Prior Code, § 6-121) Penalty, see § 32.99
Municipal Judges And Officials
§ 32.45 Judge, Qualifications And Term
(A) Position and qualifications. There shall be one Judge of the Court. A Judge may be an attorney licensed to practice law in the state or a resident of the municipality of the age of 21 years or older possessed of good moral character. A Judge who is a licensed attorney may engage in the practice of law in other courts, but he or she shall not accept employment inconsistent with his or her duties as Judge or arising out of facts which give rise to or are connected with cases within the jurisdiction of the Court either pending therein or which might become the subject of proceedings therein. He or she must be a resident of the county or an adjacent county or maintain a law office therein. He or she may serve as the Judge of other municipal courts if such service may be accomplished consistently with his or her duties as Judge of this Court and with the consent of the governing body.
(Prior Code, § 6-104)
(B) Term. The official term of the Judge shall be two years, expiring each odd-numbered year. Each Judge, unless sooner removed for proper cause, shall serve until his or her successor is appointed and qualified.
(Prior Code, § 6-105)
§ 32.46 Alternate Judge; Qualifications And Term
(A) There shall be appointed for each Judge of the Court an Alternate Judge possessed of the same qualifications required of the Judge in this chapter. His or her appointment shall be for the same term and made in the same manner as the Judge.
(B) He or she shall sit as Acting Judge of the Court in any case if the Judge is:
(1) Absent from the Court;
(2) Unable to act as judge; or
(3) Disqualified from acting as judge in the case.
(Prior Code, § 6-106)
§ 32.47 Acting Judge
If at any time there is no Judge or Alternate Judge duly appointed and qualified who is available to sit as judge, then the Mayor shall appoint some person possessing the qualifications required by this chapter for the Judge, who shall preside as Acting Judge over the Court in the disposition of pending matters until such time as a Judge or Alternate Judge shall be available.
(Prior Code, § 6-107)
§ 32.48 Appointing Judge And Alternate Judge
(A) Judges and Alternate Judges shall be appointed by the Mayor with the consent of the governing body. A proposed appointment shall be submitted in writing to the governing body at the next- to-last regularly-scheduled meeting prior to the day upon which the appointment is to take effect, and shall be acted upon at the next regularly-scheduled meeting.
(B) (1) The governing body may decide upon the proposed appointment by a majority vote of a quorum present and acting.
(2) A failure of decision upon a proposed appointment shall not prevent action thereon at a later regularly-scheduled meeting of the governing body unless the Mayor, in writing, withdraws the proposed appointment.
(Prior Code, § 6-108)
§ 32.49 Salaries And Payments To Judges
(A) A Judge, other than an Alternate Judge or Acting Judge, shall receive a salary as set by the governing body by motion or resolution, paid in the same manner as the salaries of other officials of the municipality.
(B) An Alternate Judge or Acting Judge shall be paid an amount as set by motion or resolution of the governing body; however, payments to an Acting or Alternate Judge shall not exceed the salary set for a Judge in whose stead he or she sits.
(Prior Code, § 6-109)
§ 32.50 Removal Of A Judge
(A) (1) Judges shall be subject to removal from office by the governing body for the causes prescribed by the Constitution and laws of the state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified, written petition setting forth facts sufficient to constitute one or more legal grounds for removal.
(2) Petitions may be signed and filed by:
(a) The Mayor; or
(b) Twenty-five or more qualified electors of the municipality. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners.
(B) (1) The governing body shall set a date for hearing the matter and shall cause notice thereof, together with a copy of the petition, to be served personally upon the Judge at least ten days before the hearing.
(2) At the hearing, the Judge shall be entitled:
(a) To representation by counsel;
(b) To present testimony and to cross-examine the witnesses against him or her; and
(c) To have all evidence against him or her presented in open hearing.
(C) (1) So far as they can be applicable, the provisions of the State Administrative Procedures Act governing individual proceedings, 75 O.S. §§ 309 through 317, as amended, shall govern removal proceedings hereunder.
(2) A judgment of removal shall be entered only upon individual votes by a majority of all members of the governing body in favor of such removal.
(Prior Code, § 6-110)
§ 32.51 Vacancy In Office Of Judge
(A) A vacancy in the office of Judge shall occur if the incumbent:
(1) Dies;
(2) Resigns;
(3) Ceases to possess the qualifications for the office; or
(4) Is removed, and the removal proceedings have been affirmed finally in judicial proceedings or are no longer subject to judicial review.
(B) Upon the occurrence of a vacancy in the Office of Judge, the Mayor shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made.
(Prior Code, § 6-111)
§ 32.52 Disqualification Of Judge
In prosecutions before the Court, no change of venue shall be allowed; however, the Judge before whom the case is pending may certify his or her disqualification or he or she may be disqualified from sitting under the terms, conditions and procedures provided by law for courts of record. If a Judge is disqualified, then the matter shall be heard by an Alternate Judge or Acting Judge appointed as provided in this chapter.
(Prior Code, § 6-112)
§ 32.53 Court Clerk, Duties And Bond
(A) Duties. The Clerk-Treasurer, or a Deputy designated by him or her, shall be the Clerk of the Court.
(1) He or she shall assist the Judge in recording the proceedings of the Court and in preparing writs, processes and other papers. He or she shall administer oaths required in proceedings before the Court. He or she shall enter all pleadings, processes and proceedings in the dockets of the Court. He or she shall perform such other clerical duties relating to the proceedings of the Court as the Judge shall direct.
(2) He or she shall receive and receipt for forfeitures, fines, deposits and sums of money payable to the Court. He or she shall pay to the Treasurer of the municipality all money so received by him or her, except for such special deposits or fees as shall be received to be disbursed by him or her for special purposes.
(3) All money paid to the Treasurer shall be placed in the General Fund of the municipality or in such other funds as the governing body may direct, and it shall be used in the operation of the municipal government in accordance with budgetary arrangements governing the fund in which it is placed.
(Prior Code, § 6-114)
(B) Bond. The Clerk of the Court shall give bond in the form provided by 11 O.S. § 27-111. When executed, the bond shall be submitted to the governing body for approval. When approved, it shall be filed with the Clerk-Treasurer of the municipality and retained in the municipal archives.
(Prior Code, § 6-116)
§ 32.54 Prosecuting Attorney, Duties And Conflict Of Interest
The Attorney for the municipality or his or her duly-designated assistant shall be the prosecuting officer of the Court. He or she shall also prosecute all alleged violations of the ordinances of the town. He or she shall be authorized, in his or her discretion, to prosecute and resist appeal, proceedings in error and review from the Court to any other court of the state, and to represent the municipality in all proceedings arising out of matters in the Court.
(Prior Code, § 6-115)
§ 32.55 Court Marshal
All writs or processes of the Court shall be directed, in his or her official title, to the Police Chief of the municipality, who shall be the principal officer of the Court.
(Prior Code, § 6-113)
§ 32.99 Penalty
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
(B) As per this chapter, in those cases in which a person has given his or her written promise to appear and fails to do so, that person, upon conviction of his or her willful failure to appear, shall be fined as provided in § 10.99(A) of this code. A bench warrant may be issued for his or her arrest for his or her failure to appear. Such conviction for failure to appear shall not affect the underlying offense for which the person failed to appear.