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Subdivision I. In General
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[Code 1974 § 12-14; Code 1985 § 16-14;
Code 2005 § 34-51]
The clerk of the court or deputy clerks shall be appointed by
the City Manager. The clerk of the court shall assist the judge in
recording the proceedings of the court and in preparing writs, processes
and other papers. The clerk of the court shall administer oaths required
in proceedings before the court. The clerk of the court shall enter
all pleadings, processes and proceedings in the dockets of the court.
The clerk of the court shall perform such other clerical duties relating
to the proceedings of the court as the judge shall direct. The clerk
of the court shall receive and receipt for forfeitures, fees, deposits,
and sums of money payable to the court. The clerk of the court shall
pay to the treasurer of this City, on the first and the 15th day of
each month, all money so received by him, except such special deposits
or fees as shall be received to be disbursed by him for special purposes.
All money paid to the treasurer shall be placed in the general fund
of the City, or in such other fund as the Board of Commissioners 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.
[Code 1974 § 12-16; Code 1985 § 16-15;
Code 2005 § 34-52]
Both the judge and clerk of the court shall give bonds in the
form provided by 11 O.S. § 27-111, in the sum of $1,000
each. When executed, the bonds shall be submitted to the Board of
Commissioners for approval. When approved, the bond shall be filed
with the City Clerk and retained in the municipal archives.
[Code 1974 § 12-15; Code 1985 § 16-16;
Code 2005 § 34-53]
The City Attorney, or his duly designated assistant, shall be
the prosecuting officer of the court. The City Attorney shall prosecute
all alleged violations of the ordinances of this City. The City Attorney
shall be authorized, in his discretion, to prosecute and resist appeals,
proceedings in error and review from this court to any other courts
of the state, and to represent the City in all proceedings arising
out of matters in this court.
[Code 1974 § 12-13; Code 1985 § 16-18;
Code 2005 § 34-54]
The chief of police shall execute any writs and other process
directed to him by the court except as otherwise provided, and such
duty may be performed by any member of the City's police department.
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Subdivision II. Judges
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[Code 1974 § 12-4; Code 1985 § 16-5;
Code 2005 § 34-71; Ord. No. 03-20-07-06, § 1, 3-20-2007]
A.
There
shall be one judge of the court. A judge must be duly licensed to
practice law in the state. A judge may engage in the practice of law
in other courts, but he shall not accept employment inconsistent with
his duties as judge, or arising out of facts which give rise to or
are connected with cases within the jurisdiction of the court, pending
therein or which might become the subject of proceedings therein.
A judge must be a resident of this county or an adjoining county.
A judge may serve as judge of other municipal criminal courts, if
such service may be accomplished consistently with his duties as judge
of this court, with the consent of the Board of Commissioners.
B.
The
provisions of 11 O.S. § 27-104 are hereby adopted by reference.
[Code 1974 § 12-8; Code 1985 § 16-6;
Code 2005 § 34-72]
Judges, alternate judges and acting judges shall be appointed
by the chairman of the Board of Commissioners with the consent of
the Board of Commissioners.
[Code 1974 § 12-5; Code 1985 § 16-7;
Code 2005 § 34-73]
The official term of the judge shall be two years, expiring
on July 1 in odd-numbered years. Each judge, unless sooner removed
for proper cause, shall serve until his successor is appointed and
qualified.
[Code 1974 § 12-6; Code 1985 § 16-8;
Code 2005 § 34-74]
There shall be appointed, for each judge of the court, an alternate
judge, possessed of the same qualifications as the judge; his appointment
shall be for the same term and made in the same manner as the judge.
The alternate judge shall sit as acting judge of the court in any
case if the judge is:
[Code 1974 § 12-7; Code 1985 § 16-9;
Code 2005 § 34-75]
If at any time there is no judge or alternate judge duly appointed
and qualified, available to sit as judge, the chairman of the Board
of Commissioners 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.
[Code 1974 § 12-9; Code 1985 § 16-10;
Code 2005 § 34-76]
The salary of the judge and alternate judge shall be fixed by
resolution of the Board of Commissioners.
[Code 1974 § 12-10; Code 1985 § 16-11;
Code 2005 § 34-77]
B.
Judges shall be subject to removal from office by the Board of Commissioners
for the causes prescribed by the constitution and laws of this 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. Petitions may be signed and filed by:
(1)
The chairman of the Board of Commissioners; or
(2)
Twenty-five or more qualified electors of this City, in which event
verification may be executed by one or more of the petitioners.
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The Board of Commissioners 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 10 days
before the hearings. At the hearing the judge shall be entitled to
representation by counsel, to present testimony and to cross examine
the witnesses against him, and to have all evidence against him presented
in open hearing.
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C.
So far as they can be made applicable, the provisions of 75 O.S.
§§ 309 — 317 shall govern removal proceedings
hereunder. Judgment of removal shall be entered only upon individual
votes, by a majority vote of all members of the Board of Commissioners.
[Code 1974 § 12-11; Code 1985 § 16-12;
Code 2005 § 34-78]
Vacancies in the office of municipal judge shall be filled in
the same manner as provided for the appointment of the judge in the
first instance.
[Code 1974 § 12-17; Code 1985 § 16-13;
Code 2005 § 34-79]
The judge may prescribe rules, consistent with Article XXVII
of the Oklahoma Municipal Code (27 O.S. § 27-101 et seq.),
for the proper conduct of the business of the court.
[Code 1974 § 12-18; Code 1985 § 16-19;
Code 2005 § 34-80]
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 while holding court, or committed
against process issued by him, in the same manner and to the same
extent as the district courts of this state.
