[Code 1974 § 12-12; Code 1985 § 16-17; Code 2005 § 34-96]
In prosecutions before the court no change of venue shall be allowed; but the judge before whom the case is pending may certify his disqualifications or he may be disqualified from sitting under the terms, conditions and procedure provided by law for courts of record. If a judge is disqualified, the matter shall be heard by an alternate or acting judge, appointed as provided in this chapter.
[Code 1974 § 12-19; Code 1985 § 16-20; Code 2005 § 34-97]
All prosecutions for violation of ordinances of this municipality shall be styled "The City of Cushing vs. (naming defendant or defendants)." Except as provided hereinafter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint, and setting forth concisely the offense charged. Such complaint shall be verified before a judge, the court clerk, a deputy court clerk or a police officer.
[Code 1974 §§ 12 — 20; Code 1985 § 16-21; Code 2005 § 34-98]
A. 
If a resident of the City is arrested by a law enforcement officer for the violation of any traffic ordinance for which Subsection F of this section does not apply, or is arrested for the violation of a nontraffic ordinance, the officer shall immediately release such person if the person acknowledges receipt of a citation by signing it. However, the arresting officer need not release such person if it reasonably appears to the officer that the person may cause injury to himself or others or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property. If such person fails to appear in response to the citation, a warrant shall be issued for his arrest and his appearance shall be compelled.
B. 
If the arrested resident is not released by being permitted to sign a citation as provided for in Subsection A. of this section, he shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance. The City may prescribe a fine for up to the maximum amount authorized by courts not of record for failure of a person to have a valid driver license when charged with a traffic violation.
C. 
If a nonresident of the City is arrested by a law enforcement officer for a violation of any ordinance for which Subsection F of this section does not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.
D. 
The amount and conditions of bail granted pursuant to the provisions of subsections A — C of this section shall be determined by the judge who shall prescribe rules for the receipt of bail and for the release on personal recognizance. The amount of bail for each offense shall not exceed the maximum fine plus court costs, unless the defendant has a previous history of failing to appear according to the terms or conditions of a bond, in which case the amount of bail shall not exceed $200. In the event of arrests at night, emergencies, or when the judge is not available, a court official, the chief of police or his designated representative may be authorized by the judge, subject to such conditions as shall be prescribed by the judge, to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused. The cash bond shall not exceed the maximum fine provided for by ordinance for each offense charged, unless the defendant has a previous history of failing to appear according to the terms or conditions of a bond, in which case the amount of the cash bond shall not exceed $200. The court official, chief of police or his designated representative is authorized, subject to such conditions as shall be prescribed by the judge, to release a resident of the City on personal recognizance.
E. 
If the alleged offense is a violation of an ordinance restricting or regulating the parking of vehicles, including any regulation issued under such an ordinance, and the operator is not present, the law enforcement 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 Subsection A. of this section, with such variation as the circumstances require. The operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally.
F. 
If a resident or nonresident of the City is arrested by a law enforcement officer solely for a misdemeanor violation of a traffic ordinance, other than an ordinance pertaining to a parking or standing traffic violation, and the arrested person is eligible to sign a written promise to appear and be released upon personal recognizance as provided for in 22 O.S. § 1115.1, then the procedures provided for in the State and Municipal Traffic Bail Bond Procedure Act (22 O.S. § 1115 et seq.) as applied to municipalities, shall govern. The City, by ordinance, may prescribe a bail bond schedule for this purpose and may provide for bail to be used as payment of the fine and costs upon a plea of guilty or nolo contendere, as provided for in 22 O.S. § 1115.1. Absent such ordinance, the municipal court may prescribe a bail bond schedule for traffic offenses. The amount of bail shall not exceed the maximum fine and costs provided by ordinance for each offense, unless the defendant has a previous history of failing to appear according to the terms or conditions of a bond, in which case the amount of bail shall not exceed $200.
[Code 1985 § 16-22; Code 2005 § 34-99]
A. 
It shall be unlawful for any person to violate his written promise to appear in court given to an officer upon the issuance of a notice to appear, regardless of the disposition of the charge for which such notice to appear was originally issued.
B. 
A written promise to appear in court may be complied with by an appearance by counsel.
[Code 1974 § 12-22; Code 1985 § 16-23; Code 2005 § 34-100]
A. 
Upon the filing of a complaint charging violation of an ordinance, the judge, unless he 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 address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a day certain, containing a provision for the official return of the summons, and including such other pertinent information as may be necessary.
B. 
The summons shall be served by delivering a copy to the defendant personally. If the defendant fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest.
[Code 1974 § 12-23; Code 1985 § 16-24; Code 2005 § 34-101]
A. 
Except as otherwise provided, upon the filing of a complaint approved by endorsement by the judge, there shall be issued a warrant of arrest, in substantially the following form:
The City of Cushing, Oklahoma, to the chief of police of the City of Cushing, Oklahoma. Complaint upon oath having this day been made by __________ that the offense of (naming the offense in particular by general terms) has been committed and accusing (names of defendant) thereof, you are commanded therefore forthwith, to arrest the above named (name of defendant) and bring (insert him, her or the, as appropriate) before me, at (naming the place).
Witness my hand this _____ day of 20____.
__________________________________
Municipal Judge of Cushing, Oklahoma
B. 
It shall be the duty of the chief of police, personally or through a duly constituted member of the police force or through any other persons lawfully authorized so to act, to execute the warrant as promptly as possible.
[Code 1985 § 16-24.1; Code 2005 § 34-102]
The code of procedure in the municipal court, except as may be otherwise provided in this article, shall be the same as is now provided by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality. Writs and processes of the court may be issued by the judge or the clerk thereof to any proper officer. All writs and processes of the municipal court wherein a violation of the municipal ordinance is charged shall be directed to the chief of police of the municipality. A law enforcement officer of the municipality issuing an arrest warrant may serve such warrant any place within this state.
[Code 1974 § 12-25; Code 1985 § 16-25; Code 2005 § 34-103]
A. 
The arraignment shall be made by the court. The judge or the prosecuting attorney shall read the complaint to the defendant, inform him of his legal rights and of the consequences of conviction, and ask him whether he pleads guilty or not guilty.
B. 
If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition. If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date.
C. 
The municipal governing body by ordinance may prescribe a schedule of fines which the defendant may pay in lieu of his appearance before the municipal court and such payment shall constitute a final determination of the cause against the defendant.
[Code 1974 § 12-26; Code 1985 § 16-26; Code 2005 § 34-104]
Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof
[Code 1974 § 12-27; Code 1985 § 16-27 Code 2005 § 34-105]
The defendant must be present in person at the trial.
[Code 1974 § 12-31; Code 1985 § 16-28; Code 2005 § 34-106]
A. 
Witnesses in any proceeding in the court, other than police officers or peace officers, shall be entitled to fees as established by resolution. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover 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 forth:
(1) 
The names of no more than three witnesses;
(2) 
That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
(3) 
That the testimony of the witnesses is material; and
(4) 
That their attendance at the trial is necessary for his proper defense.
B. 
The fees of such witnesses shall be paid by the City.
[Code 1974 § 12-32; Code 1985 § 16-29; Code 2005 § 34-107]
At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.
[Code 1974 § 12-33; Code 1985 § 16-30; Code 2005 § 34-108]
If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.
[Code 1974 § 12-29; Code 1985 § 16-31; Code 2005 § 34-109]
If the defendant pleads guilty or is convicted after trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
[Code 1974 § 12-30; Code 1985 § 16-32; Code 2005 § 34-110]
A. 
If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced:
(1) 
By imprisonment until the fine or costs or both shall be satisfied at the rate of $5 per day; or
(2) 
In the same manner as is prescribed in Subsection B of this section for a defendant who is without means to make such payment.
B. 
If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located, where it shall be entered upon the district court 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.
[Code 1974 § 12-34; Code 1985 § 16-33; Code 2005 § 34-111]
A. 
All sentences of imprisonment shall be executed by the chief of police of the City, and any person convicted of a violation of any ordinance of the City and sentenced to imprisonment shall be confined in the jail, farm or workhouse, of the City, in the discretion of the court, for the time specified in the sentence; provided, however, the court may, in lieu of imprisonment, order the defendant to engage in a term of community service without compensation. If the defendant fails to perform the required community service or if the conditions of community service are violated, the judge may impose a sentence of imprisonment, not to exceed the maximum sentence allowable for the violation for which the defendant was convicted.
B. 
The municipal judge, at the judge's discretion, is empowered to modify, reduce, suspend, or defer the imposition of a sentence or any part thereof and to authorize probation for a period not to exceed six months from the date of sentence, under such terms or conditions as the judge may specify. Procedures relating to suspension of the judgment or costs or both shall be as provided in 11 O.S. §§ 27-123 and 27-124, as applicable. Upon completion of the terms of probation, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or plea of guilty shall be expunged from the record and the charge dismissed with prejudice to any further action. Upon a finding of the court that the conditions of probation have been violated, the municipal judge may enter a judgment of guilty.
C. 
The municipal judge may continue or delay imposing a judgment and sentence for a period of time not to exceed six months from the date of sentence. At the expiration of this period of time, the judge may allow the municipal attorney to amend the charge to a lesser offense.
D. 
If a deferred sentence is imposed, an administrative fee as established by resolution may be imposed as costs in the case.
E. 
For purposes of this section, the term "municipal judge" means a municipal judge of the City who is licensed to practice law in this state.
[Code 1974 § 12-35; Code 1985 § 16-34; Code 2005 § 34-112; Ord. No. 05-16-16-02. 5-16-2016; Ord. No. 07-20-09-07, § 1, 7-20-2009; Ord. No. 10-17-16-04. 10-17-2016; amended at adoption]
A. 
The maximum penalty upon conviction in the municipal court shall be a fine in an amount not to exceed the penalty prescribed in § 1-8 of the Cushing City Code, plus costs. However, no penalty, including fine and costs, shall be greater than that established by statute for the same offense.
B. 
If judgment of conviction is entered, the clerk of the court shall tax the costs to the defendant in the sum of $30.
C. 
A fee in the amount of $25 shall be assessed in addition to any other costs, fees, fines or penalties, otherwise provided for by law on every citation disposed of in municipal court except those that are voided, declined for prosecution, dismissed without costs, or when the defendant is acquitted. The revenue generated by this fee shall be used solely and exclusively for the acquisition, operation, maintenance, repair, and replacement of data processing equipment, software, and other technology related to the administration of the municipal court.
D. 
A fee in the amount of $35 in addition to any and all other costs, fees, fines, or penalties otherwise provided for by law to be assessed for the initial filing of any bond or any security deposited with the municipal court for subsequent court appearance of the defendant. Twenty-five dollars of any such fee assessed herein in this subsection shall be used solely and exclusively for jail operations and shall be remitted to a special fund designated for the operation of the municipal jail.
E. 
Fifty dollars of each alcohol or drug-related fine or deferral fee shall be set aside to a fund of the municipality that shall be used to defray cost for enforcement of laws relating to juvenile access to alcohol, laws relating to alcohol and other intoxicating substances, or laws relating to traffic-related offenses involving alcohol or other intoxicating substances.
[Code 1985 § 16-35; Code 2005 § 31-113]
A. 
An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court, within 10 days from the date of the final judgment, a notice of appeal and by filing a copy of the notice with the municipal court. In case of an appeal, a trial de novo shall be had.
B. 
Upon conviction, at the request of the defendant, or upon notice of appeal being filed, the municipal judge shall enter an order on his docket fixing an amount in which bond may be given by the defendant, in cash or sureties for cash, in an amount of not less than $100 nor more than $200; except that, if the conviction involved a fine only, the amount of the bond shall be no greater than twice the amount of such fine. Bond shall be taken by the clerk of the court wherein judgment was rendered. Any pledge of sureties must be approved by a judge of the court.
C. 
Upon appeal being filed, the judge shall within 10 days thereafter certify to the clerk of the appellate court the original papers in the case. If the papers have not been certified to the appellate court, the prosecuting attorney shall take the necessary steps to have the papers certified to the appellate court within 20 days of the filing of the notice of appeal, and failure to do so, except for good cause shown, shall be grounds for dismissal of the charge by the appellate court, the cost to be taxed to the municipality. The certificate shall state whether or not the municipal judge hearing the case was a licensed attorney in the state.
D. 
All proceedings necessary to carry the judgment into effect shall be had in the appellate court.