There shall be one Judge of the Municipal Court. A Judge must
be duly licensed to practice law in the State of Oklahoma. He 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. He must be a resident of the city. He may serve
as judge of other municipal courts, if such service may be accomplished
consistently with his duties as Judge of this Court, with consent
of the City Commissioners of the city.
If at any time there is no judge duly appointed and qualified,
available to sit as judge, 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.
Judges and acting judges shall be appointed by the Mayor with
the consent of the Board of Commissioners. A proposed appointment
shall be submitted in writing to the Board of Commissioners at the
next to the 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. The Board of Commissioners may
decide upon the proposed appointment by a majority vote of a quorum
present and acting. Failure of decision upon a proposed appointment
shall not prevent action thereon at a later regularly scheduled meeting
of the Board of Commissioners, unless the Mayor, in writing, withdraws
the proposed appointment.
1.
The Judge shall receive a monthly salary, set by the Board of Commissioners,
paid in the same manner as the salaries of other officials of the
city. (Reference: Title 11, 1991 O.S., Section 27-104.)
2.
An acting judge shall be paid at a rate set by the Board of Commissioners
for each day devoted to the performance of his duties, except that,
for any month, the total payments so calculated shall not exceed the
salary of the judge in whose stead he sits. (Reference: Title 11,
1991 O.S., Section 27-106.)
3.
An acting judge who sits for an entire month shall receive the amount
agreed upon prior to the appointment by the Board of Commissioners.
(Reference: Title 11, 1991 O.S., Section 27-106.)
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 Mayor or (2) 25 or more qualified electors of the city; in the
latter event, verification may be executed by one or more of the petitioners.
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 hearing. At the hearing, the Judge shall be entitled to:
1.
Representation by counsel;
2.
Present testimony and to cross-examine the witnesses against him;
and to
3.
Have all evidence against him presented in open hearing. So far as
they can be made applicable, the provisions of the Oklahoma Administrative
Procedure Act governing individual proceedings (Title 75, 1991 O.S.,
Sections 309-317 and any amendments or additions thereto in effect
at the time of the hearing) shall govern removal proceedings hereunder.
Judgment of removal shall be entered only upon individual votes, by
a majority of all members of the Board of Commissioners, in favor
of such removal.
In prosecutions before the Court no change of venue shall be
allowed; but the Judge before whom the case is pending may certify
his disqualification 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.
All writs or process of the Court shall be directed, in his
official title, to the Chief of Police of the city, who shall be the
principal enforcement officer of the Court.
The chief municipal court officer, who is independent of the
municipal police or judicial department, as established by the city
shall be the Clerk of the Municipal Court. The Clerk of the Court
shall:
1.
Assist the judge in recording the proceedings of the Court, preparation
of writs, processes, or other papers;
2.
Administer oaths required in judicial or other proceedings before
the Court;
3.
Be responsible for the entry of all pleadings, processes, and proceedings
in the dockets of the Court;
4.
Perform such other clerical duties in relation to the proceedings
of the Court as the Judge shall direct; and
5.
Receive and give receipt for and disburse or deliver to the Municipal
Treasurer all fines, forfeitures, fees, deposits, and sums of money
properly payable to the Municipal Court. Such funds and sums of money
while in the custody of the Clerk shall be deposited and disbursed
upon vouchers as directed by the Board of Commissioners.
(Reference: Title 11, 1991 O.S., Section 27-109.)
The City Attorney, or his duly designated assistant, shall be
the Prosecuting Officer of the Court. He shall prosecute all alleged
violations of the ordinances of the city. He 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.
The Clerk of the Court shall give bond in the form and amount
provided by Title 11, 1991 O.S., Section 27-111 as the minimum amount
of the bond. When executed, the bond shall be submitted to the Board
of Commissioners for approval. When approved, it shall be filed with
the City Clerk and retained in the municipal archives.
The Judge may prescribe rules, consistent with the laws of the
state and with the ordinances of the city, for the proper conduct
of the business of the Court.
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.
All prosecutions commenced in the Municipal Court shall be by
complaint which shall be subscribed by the person making the complaint
and shall be verified before a judge, the court Clerk, Deputy Court
Clerk, or a police officer. No warrant for arrest shall be issued
until the complaint has been approved by the Judge of the Municipal
Court. All prosecutions for the violation of municipal ordinance shall
be styled, "The City of Weatherford vs. (Naming the person or persons
charged)". (Reference: Title 11, 1991 O.S., Sections 27-115.)
1.
In addition to other provisions of law for posting bail, any person,
whether a resident of this 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:
a.
The arrested person has been issued a valid license to operate a
motor vehicle by Oklahoma, another state jurisdiction within the United
States, which is a participant in the Nonresident Violator Compact
or any party jurisdiction of the Nonresident Violator Compact;
b.
The arresting officer is satisfied as to the identity of the arrested
person;
c.
The arrested person signs a written promise to appear as provided
for on the citation; and
d.
The violation does not constitute:
(1)
A felony; or
(2)
Negligent homicide; or
(3)
Driving or being in actual physical control of a motor vehicle
while impaired or under the influence of alcohol or other intoxicating
substances; or
(4)
Eluding or attempting to elude a law enforcement officer; or
(5)
Operating a motor vehicle without having been issued a valid
driver's license, or while the license is under suspension, revocation,
denial or cancellation; or
(6)
An arrest based upon an outstanding warrant; or
(7)
A traffic violation coupled with any offense stated in subparagraphs
d(1) through d(6) of this paragraph; or
(8)
An overweight violation, or the violation of a special permit
exceeding the authorized permit weight; or
(9)
A violation relating to the transportation of hazardous materials.
2.
If the arrested person is eligible for release on personal recognizance
as provided for in paragraph 1 of this section, 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. 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 Oklahoma, or
in the nonresident's home state pursuant to the Nonresident Violator
Compact.
3.
The Court, or the Court Clerk as directed by the Court, may continue
or reschedule the date and time of arraignment upon request of the
arrested person or his attorney. If the arraignment is continued or
rescheduled, the arrested person shall remain on personal recognizance
and written promise to appear until such arraignment, in the same
manner and with the same consequences as if the continued or rescheduled
arraignment was entered on the citation by the arresting officer and
signed by the defendant. An arraignment may be continued or rescheduled
more than one time; provided however, the Court shall require an arraignment
to be had within a reasonable time. It shall remain the duty of the
defendant to appear for arraignment unless the citation is satisfied
as provided for in paragraph 4 of this section.
4.
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 is required to appear for arraignment by indicating
such plea on the copy of the citation furnished to him or on a legible
copy thereof, together with the date of the plea and his signature.
The defendant shall be responsible for assuring full payment of the
fine and costs to the appropriate Court Clerk. Payment of the fine
and costs may be made by personal, cashier's, traveler's,
certified or guaranteed bank check, postal or commercial money order,
or other form of payment approved by the court in an amount prescribed
as bail for the offense. Provided, however, 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 paragraph, such
plea shall be accepted by the Court and the amount of the fine and
costs shall be:
5.
If, pursuant to the provisions of paragraph 4 of this section, the
defendant does not timely elect to enter a plea of guilty or nolo
contendere and fails to timely appear for arraignment, the Court may
issue a warrant for the arrest of the defendant and the Court Clerk,
within 120 calendar days from the date the citation was issued by
the arresting officer, shall notify the 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. Additionally,
the Court Clerk shall request the Department of Public Safety to either
suspend the defendant's driver's license to operate a motor
vehicle in this 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 Department of Public Safety.
1.
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 and including such
other pertinent information as may be necessary.
2.
The summons may be served by registered mail, return receipt requested
or by delivering a copy to the defendant personally. If he fails to
appear and answer the summons within the prescribed period, a warrant
shall be issued for his arrest, as provided by this article.
Except as otherwise provided in the ordinances of the city,
upon the filing of a complaint approved by endorsement by the City
Attorney or by the Judge, there shall be issued a warrant of arrest,
in substantially the following form:
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The City of Weatherford to the Chief of Police of Weatherford,
Oklahoma. Whereas, a complaint in writing and upon oath has been filed
in the Municipal Court of Weatherford, charging that (name of defendant)
did on or about the (date of offense) in the City of Weatherford,
County of Custer, State of Oklahoma, commit the crime of (naming the
offense), you are hereby commanded forthwith to take said (name of
defendant) and bring him/her before the Municipal Judge of the Municipal
Court of the City of Weatherford, Custer County, Oklahoma, to be dealt
with according to law. Given under my hand and the seal of said court
of said city and county the _____ day of _________, _______.
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Judge of the Municipal Court of Weatherford, Oklahoma
|
Upon arrest, or upon appearance without arrest in response to
citation or summons, or at any other time before trial, before or
after arraignment, the defendant shall be eligible to be released
upon giving bail for his appearance in amount and upon conditions
fixed by the Judge, who shall prescribe appropriate rules of Court
for the receipt of bail. In case of arrest made at night or under
other conditions of emergency or when the Judge is not available,
the rules shall authorize the Chief of Police, or his designated representative,
to accept a temporary cash bond, not less than $10 nor more than maximum
monetary penalty provided by ordinance for such offense charged.
Upon making his appearance before the court, the defendant shall
be arraigned. The Judge, or the City Attorney, shall read the complaint
to the defendant, inform him of his legal rights, including the right
of trial by jury, if available, and of the consequences of conviction,
and ask him whether he pleads guilty or not guilty. 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.
Before trial commences, either party, upon good cause shown,
may obtain a reasonable postponement thereof.
The defendant must be present in person at the trial.
In all trials, as to matters not covered in this article, or
by the statutes relating to municipal criminal courts, or by rules
duly promulgated by the Supreme Court of Oklahoma, the procedure applicable
in trials of misdemeanors in the district courts shall apply to the
extent that they can be made effective.
1.
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.
2.
Whenever any person shall be convicted in the Municipal Court of
violating a municipal ordinance, the Judge trying the case, after
sentence, may suspend the judgment or costs or both and allow the
person so convicted to be released upon his 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. 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:
a.
Had been guilty of the violation of any law after his release;
b.
Is habitually associating with lewd or vicious persons; or
c.
Is indulging in vicious habits.
|
Upon the issuance of the warrant by the Judge, the person shall
be delivered forthwith to the place of confinement to which he was
originally sentenced.
|
1.
If a defendant who is financially able refuses or neglects to pay
a fine or costs or both, payment may be enforced:
2.
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.
1.
Witnesses in any proceeding in the Court, other than police officers
or peace officers, shall be paid the sum of $10 per day plus mileage
at the rate of $0.25 per mile for each mile necessarily traveled by
the most direct route in going to and from the Court from their respective
place of residence. 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 but such deposit shall not be required
from an indigent defendant who files an affidavit setting out:
2.
The fees of such witnesses shall be paid by the city.
Whenever a calendar has been made up for the trial of cases
by jury, the Judge shall request, in writing, the chief judge of the
district court for this judicial district to cause the names of a
stated number of jurors, deemed sufficient to dispose of the cases
on the calendar, to be drawn from the jury wheel in accordance with
the governing statutes of the state, and to be certified by the clerk
of the district court to the Judge of the Municipal Court. The request
shall be made in time for the list to be certified and the jurors
to be summoned legally before the trial of the calendar begins. If
it is anticipated that the completion of the calendar will require
more than two weeks, the request for jurors shall specify the number
required for each two-week period, as provided by law for the drawing
of jurors for the district court. Additional drawing of other names
also may be requested by the judge, when necessary, in accordance
with the law for such additional drawings in the district court. If,
in the future, provisions of the law respecting the drawing of jury
lists for the district court are changed, the judge shall take such
steps, in requesting jury lists for the court, as are necessary to
comply with the state law. (Reference: Title 11, 1991 O.S., Section
27-120; Title 22, 1991 O.S., Section 591; Title 38, 1991 O.S., Section
18.)
Upon receipt of the jury list, the Clerk of the Court shall
cause a summons substantially in the following form to be issued and
served upon each person on the list:
|
State of Oklahoma
County of Custer
|
|
To (name of juror) Greeting: You hereby are summoned
to appear in the Municipal Court for the City of Weatherford, Oklahoma,
to be held at (specify the address, room number, etc.) on the_____
day of ______________, _______, at the hour of (specify hour) to serve
as a juror in said court, and to continue in such service until discharged
by the court.
|
|
Hereof fail not, under penalty of law.
|
|
Issued under the authority of said court, this _____
day of __________, _____.
|
|
|
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Clerk of the Municipal Court of Weatherford, Oklahoma
|
Reference: Title 11, 1991 O.S., Section 27-120.
Service shall be made, as the Judge may prescribe by rule or
direct by order, either in person upon the juror by the Chief of Police
or by any member of the police force of this city or by the Clerk
of the Court, through certified mail, directed to the juror at his
address as given in the jury list, with request for a personally signed
return receipt. In any proceeding wherein service of summons by mail
is in issue, evidence of the due mailing of the summons by the Clerk
or a member of his staff and the presentation of an official postal
return receipt purportedly signed by the addressee shall be prima
facie evidence that the summons was duly received by the addressee
and, therefore, that he was properly served therewith. (Reference:
Title 11,1991 O.S., Section 27-120.)
A jury in the Court shall consist of six jurors, good and lawful
men or women, residing within the Weatherford city limits, possessing
the qualifications of jurors in the district court. (Reference: Title
11,1991 O.S., Section 27-119.)
After the jurors are sworn, they must sit together and hear
the proofs and oral arguments of the parties, which must be delivered
in public and in the presence of the defendant.
A verdict of the jury may be rendered by the vote of five jurors.
(Reference: Title 11,1991 O.S., Section 27-119.)
The verdict of the jury, in all cases, must be general. When
the jury has arrived at its verdict, it must deliver the verdict publicly
to the Court. The Judge must enter the verdict in the docket or cause
it to be so entered.
The jury must not be discharged after the cause is submitted
to it until a verdict is rendered, unless the Judge, for good cause,
discharges it sooner, in which event the Court may proceed again to
trial, and so on, until a verdict is rendered.
Jurors shall receive for their services the sum of $10 per day,
plus mileage at the rate of $0.25 per mile for each mile necessarily
traveled by the most direct route in going to and from the Court from
their respective places of residence. The claims for such compensation
shall show the location of the juror's residence and the route
and miles traveled, and must be verified as other claims against the
city are verified. Jurors shall be paid out of the general fund of
the city. (Reference: Title 11,1991 O.S., Section 27-121.)
At the close of trial, judgment must be rendered immediately
by the judge, who shall cause it to be entered in his docket.
If judgment is of acquittal, and the defendant is not to be
detained for any other legal cause, he must be discharged at once.
If, after conviction, judgment of imprisonment is entered, a
copy thereof, certified by the Clerk, shall be delivered to the Chief
of Police, the Sheriff of the county or other appropriate police officer.
Such copy shall be sufficient warrant for execution of the sentence.
[Amended 12-31-2013,
Ordinance 2013-06]
If judgment of conviction is entered, the Clerk of the Court
shall tax the costs to the defendant in a sum not exceeding the maximum
amount allowed by state statute, plus the fees and mileage of witnesses,
all of which the defendant shall pay, in addition to any fine or administrative
fees that may be imposed, and in addition to state mandated fees or
costs.
The Court may further impose a collection fee of 35% of Court
penalties, Court fines and fees in cases in which the accused has
failed to appear or otherwise failed to satisfy any monetary obligation
imposed by the Court, such collection fee to be added to any case
which is referred to a collection agency for collection.
After conviction and sentence, the Judge may suspend sentence,
in accordance with the provisions of, and subject to the conditions
and procedures imposed by Sections 27-123 and 27-124 of Title 11,
1991 O.S. and Section 27-122.1 of Title 11,1991 O.S.
All prisoners confined to jail on conviction or on plea of guilty
may be compelled, if financially able to pay, but refuse or neglect
to pay fine or costs, if their health permits, to satisfy the amount
owed by working on the streets, alleys, avenues, areas and public
grounds of the municipality, under the direction of the Street Superintendent
or other proper officer, at a rate per day as the governing body may
prescribe by ordinance, but not less than $5 per day for useful labor,
until the fine or costs are satisfied.
Whenever any person is convicted in Municipal Court for violation
of a municipal ordinance, the Court may order the defendant to a term
of community service or remedial action in lieu of fine or in conjunction
with imprisonment. 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. (Reference: Title 11,1991 O.S., Section 27-122.2.)
1.
An appeal may be taken from a final judgment of the Municipal Court
by the defendant, by filing in the District Court of the County of
Custer, State of Oklahoma, within 10 days from the date of the final
judgment, a notice of appeal and by filing a copy of said notice with
the Municipal Court. In case of an appeal, a trial de novo shall be
had and there shall be a right to a jury trial if the offense is punishable
by a fine of more than $100.
2.
Upon conviction, at the request of the defendant, or upon notice
of appeal being filed, the Judge of the Municipal Court shall enter
an order on his docket, fixing an amount in which bond may be given
by the defendant; and bond is to be taken by the Clerk of the Court
wherein the judgment was rendered.
3.
Upon appeal being taken the Judge shall, within 10 days, certify
to the Clerk of the Appellate Court the original papers in the case,
and if said papers have not been certified to the Appellate Court,
the prosecuting attorney shall take the necessary steps to have same
certified to said Appellate Court within 20 days after 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 appellant
court, the cost to be taxed to the city.
4.
All proceedings necessary to carry the judgment into effect shall
be had in the appellate court.
