[Prior Code, Sec. 12-1]
This chapter shall govern the organization and operation of
the municipal criminal court of the City as put into operation by
resolution duly passed and filed in accordance with law as authorized
by Sections 27-101 and 27-102 of Title 11 of the Oklahoma Statutes.
To the extent of conflict between any provisions of this chapter and
the provisions of any ordinance of this City, the provisions of this
chapter shall control.
[Prior Code, Sec. 12-2; amended by Ord. 924-2000, 6-22-2000]
As used in this chapter, unless the context requires a different
meaning, the following words shall have the meanings ascribed to them
in this section:
The peace officer in charge of the police force of the municipality.
The chief municipal court officer as authorized by the governing
body, including any assistant or member of the office staff of the
chief municipal court officer while performing duties of the municipal
court officer.
The municipal criminal court of the City of Tahlequah.
The City council of the City.
The judge of the municipal criminal court, including any
acting judge or alternate judge thereof as provided for by the statutes
of this state and this chapter.
The City of Tahlequah.
The district court judicial district of the state of Oklahoma
wherein the government of this municipality is situated.
[Prior Code, Sec. 12-3]
The court shall exercise original jurisdiction to hear and determine
all prosecutions wherein a violation of any ordinance of this municipality
is charged, including any such prosecutions transferred to the Court
in accordance with applicable law.
[Prior Code, Sec. 12-4]
There shall be one Judge of the Court. A Judge must be duly
licensed to practice law in the State. 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 this Municipality or maintain a law office
therein. 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 the consent of the Mayor and Council. If all licensed
attorneys residing within Cherokee County certify to the Clerk that
they are not willing to accept appointment as Judge, a resident of
this Municipality of the age of at least 25 years, otherwise qualified
as the Mayor and governing body agree, may be appointed as Judge.
[Prior Code, Sec. 12-5]
The official term of the Judge shall be two years expiring on
the first Monday in May, in each odd-numbered year. Each Judge, unless
sooner removed for proper cause, shall serve until his successor is
appointed and qualified.
[Prior Code, Sec. 12-6]
If at any time there is no judge or alternate 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.
[Prior Code, Sec. 12-7]
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 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
governing body 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 governing body unless the Mayor, in writing,
withdraws the proposed appointment.
[Prior Code, Sec. 12-8]
The 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 this Municipality.
[1982 Code]
A.
Judges shall be subject to removal from office by the governing body
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:
B.
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 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
3.
Have all evidence against him presented in open hearing. So far as
they can be applicable, the provisions of the Oklahoma Administrative
Procedures Act governing individual proceedings (Sections 309 to 317
of Title 75 of the Oklahoma Statutes as amended) shall govern removal
proceedings hereunder. 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.
[1982 Code]
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.
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, Sec. 12-9]
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 procedures 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.
[Prior Code, Sec. 12-10]
All writs or process of the Court shall be directed, in his
official title, to the Chief of Police of this Municipality, who shall
be the principal officer of the Court and marshal of the Court.
[Prior Code, Sec. 12-11]
The Clerk, or a deputy designated by him, shall be the Clerk
of the Court. He shall assist the Judge in recording the proceedings
of the Court and in preparing writs, processes and other papers. He
shall administer oaths required in proceedings before the Court. He
shall enter all pleadings, processes, and proceedings in the dockets
of the Court. He shall perform such other clerical duties relating
to the proceedings of the court as the Judge shall direct. He shall
receive and receipt for forfeitures, fines, deposits, and sums of
money payable to the Court. He shall pay to the Treasurer of this
Municipality on the first and fifteenth 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 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, Sec. 12-12]
The Attorney for this Municipality, or his duly designated assistant,
shall be the prosecuting officer of the Court. He shall also prosecute
all alleged violations of the ordinances of the City. He shall be
authorized, in his discretion, to prosecute and resist appeal, proceedings
in error and review from this Court to any other court of the State,
and to represent this Municipality in all proceedings arising out
of matters in this Court.
[Prior Code, Sec. 12-13]
The Court Clerk of the Court shall give bond, in the form provided
by Sections 27-111 of Title 11 of the Oklahoma Statutes, in the sum
set by the Council. When executed, the bond shall be submitted to
the governing body for approval. When approved, it shall be filed
with the Clerk of this Municipality and retained in the Municipal
archives.
[Prior Code, Sec. 12-14]
The Judge may prescribe rules, consistent with the laws of the
State and with the ordinances of this Municipality, for the proper
conduct of the business of the Court.
[Prior Code, Sec. 12-15]
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.
[Prior Code, Sec. 12-16]
All prosecution for violation of ordinances of this Municipality
shall be styled The City of Tahlequah, Oklahoma 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 complaint, and setting forth concisely
the offense charged.
[Prior Code, Sec. 12-17]
A.
If a police officer observes facts which he believes constitute a
violation of the traffic ordinances of this Municipality, committed
by a resident thereof, in lieu of arresting such a person, he may
take his name, address, operator's license number, and registered
license number of the motor vehicle involved and any other pertinent
and necessary information and may issue him in writing in form prescribed
by the Mayor or his duly designated delegate, a traffic citation embracing
the above information, and also stating the traffic violation alleged
to have occurred, and notifying him to answer to the charge against
him at a time specified in the citation. 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, 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 this Municipality, the police officer may:
1.
Release the person after obtaining sufficient information as set out in Subsection A of this Section pending his appearance on a day certain in Court, as specified in the citation; or
2.
Take the person in 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 release in accordance
with the provisions of this chapter. Upon providing bail as fixed,
and upon giving his written promise to appear upon a day certain,
as provided in Subsections B1 and B2 of this Section, 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, 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 subsections of this Section, with such variation as the circumstances require. The operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under Subsection A of this Section.
[Prior Code, Sec. 12-18; amended by Ord.
615, 3-1-1982]
A Traffic Violations Bureau may be established by the Mayor
and Council as a division of the office of the Clerk of the Court,
to be administered by the Clerk, or by subordinates designated by
him for that purpose. Persons who are cited for violation of one of
the traffic regulatory ordinances of this Municipality, may elect
to pay a fine in the Traffic Violations Bureau according to a schedule
adopted by the City Council by motion or resolution. The Court may
adopt rules to carry into effect this Section. Payment of a fine under
this Section shall constitute a final determination of cause against
the defendant. If a defendant who has elected to pay a fine under
this Section fails to do so, prosecution shall proceed under the provisions
of this chapter.
[Prior Code, Sec. 12-19]
A.
Upon the filing of a complaint charging violation of any 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 certain day after 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 he fails to appear and to answer the summons within
the prescribed period, a warrant shall be issued for his arrest, as
provided by this chapter.
[Prior Code § 12-20]
A.
Except as otherwise provided in the ordinances of this municipality,
upon the filing of a complaint approved by the endorsement of the
attorney of this municipality or by the judge, there shall be issued
a warrant of arrest, in substantially the following form:
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The City of Tahlequah, Oklahoma to the Marshal of the
Municipal Court of Tahlequah, Oklahoma.
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Complaint upon oath having this day been made by (naming
complainant) that the offense of (naming the offense in particular
but general terms) has been committed and accusing (name of defendant)
thereof, you are commanded therefore forthwith to arrest the above
named defendant and bring (insert him, her or them) as appropriate
before me, at the municipal courtroom, Witness my hand this _____
day of _____, 19_____.
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Judge of the Municipal Court
of Tahlequah, Oklahoma.
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B.
It shall be the duty of the marshal, personally, or through a duly
constituted member of the police force of this municipality, or through
any other person lawfully authorized so to act, to execute a warrant
as promptly as possible.
[Ord. 1238-2016, 11-28-2016; amended 4-5-2021 by Ord. No. 1320-2021]
The judge of the municipal court of the City of Tahlequah, Oklahoma, is hereby authorized and empowered to levy a fine not to exceed $500 and not less than $10. The fine and bail bond schedule are as set forth in Chapter 1-3, Fees.
[1982 Code]
A.
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:
1.
The arrested person has been issued a valid license to operate a
motor vehicle by this state, another state jurisdiction within the
United States, or any party jurisdiction of the nonresident violator
compact;
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 Subsections
A4a through A4f of this section;
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.
If the arrested person is eligible for release on personal recognizance as provided for in Subsection A of this Section, then the arresting officer shall:
1.
Designate the traffic charge;
2.
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;
3.
Record the motor vehicle make, model and tag information;
4.
Record the arraignment date and time on the citation; and
5.
Permit the arrested person to sign a written promise to appear as
provided for in the citation.
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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 this State, or in the nonresident's home state
pursuant to the Nonresident Violator Compact.
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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 driver's license, shall be required in State law, Sections 1115.1
through 1115.5 of Title 22 of the Oklahoma Statutes.
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 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 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, 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.
If, pursuant to the provisions of Subsection D 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 Municipal 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:
1.
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;
2.
The defendant has failed to appear for arraignment without good cause
shown;
3.
The defendant has not posted bail, paid a fine, or made any other
arrangement with the Court to satisfy the citation; and
4.
The citation has not been satisfied as provided by law.
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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 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 State
Department of Public Safety. The Court Clerk shall not process the
notification and request provided for in this subsection if, with
respect to such charges:
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1.
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The defendant was arraigned, posted bail, paid a fine, was jailed,
or otherwise settled the case;
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2.
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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;
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3.
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The violation relates to parking or standing, an overweight
violation, an overweight permit, or the transportation of hazardous
materials; or
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4.
|
A period of 120 calendar days or more has elapsed from the date
the citation was issued by the arresting officer.
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F.
The Court Clerk shall maintain a record of each request for 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. 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, the Court or Court
Clerk's failure to furnish such proof or notice in the manner provided
for in this subsection shall in no event create any civil liability
upon the Court, the Court Clerk, the State or any political subdivision
thereof, or any State department or agency or any employee thereof
but duplicate proof shall be furnished to the person entitled thereto
upon request.
[Prior Code, Sec. 12-22; amended by Ord.
695, 11-2-1987]
A.
Upon making his appearance before the Court, the defendant shall
be arraigned. The Judge, or the Attorney of the Municipality, 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.
B.
At arraignment, the defendant shall be asked whether he demands or
waives trial by jury. His election shall be recorded in the minutes
of the arraignment and entered on the docket of the court respecting
proceedings in the case.
C.
An election waiving jury trial, made at arraignment, may be changed
by the defendant at any time prior to the day by which trial by the
Court is set; an election demanding jury trial may be changed at any
time prior to the commencement of proceedings to empanel the jury
for the trial, but if that change occurs after the case has been set
for jury trial, it may not thereafter be rechanged so as again to
demand trial by jury.
[Prior Code, Secs. 12-23 — 12-26, 12-28, 12-29]
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 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.
D.
If the defendant pleads guilty or is convicted after the trial, 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 docket.
F.
If judgment is of acquittal, and the defendant is not to be detained
for any other legal cause, he must be discharged at once.
[Prior Code, Sec. 12-27; amended by Ord.
695, 11-2-1987]
A.
Witnesses in any proceeding in the Court other than the police officers
or peace officers, shall be entitled to a fee per each day of attendance,
plus an amount 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. Such fees may be established
by the City Council. 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 out:
B.
The fees of such witnesses shall be paid by the Municipality.
[Prior Code, Sec. 12-31; amended by Ord.
705, 3-7-1988]
A.
After conviction and sentence, the Judge may suspend or defer 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 of
the Oklahoma Statutes.
B.
All sentences of imprisonment shall be executed by the Chief of Police
of the Municipality, and any person convicted of a violation of any
ordinance of the Municipality and sentenced to imprisonment shall
be confined in the jail of the Municipality, in the discretion of
the Court, for a time specified in the sentence; provided, however,
the Judge of the Municipal Court may, in lieu of imprisonment, order
the defendant to engage in a term of community service without compensation.
C.
The Judge of the Municipal Court imposing a judgment and sentence,
at his discretion, is empowered to modify, reduce, or suspend or defer
the imposition of such 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 Section 27-123 of Title 11 of the Oklahoma Statutes. Upon
completion of the probation term, 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 shall 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.
D.
The Judge of the Municipal Court 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 such period of time,
the Judge may allow the Municipal Attorney to amend the charge to
a lesser offense.
[Prior Code, Sec. 12-33; amended by Ord.
614, 3-1-1982; Ord. 705, 3-7-1988; 4-5-2021 by Ord. No. 1320-2021]
A.
If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant, plus the fees and mileage of jurors and witnesses, but the total amount of fine may not exceed that set out in Section 1-108 of this Code. Court costs shall be in a sum as set forth in Chapter 1-3, Fees, or the maximum set by State law, whichever is greater.
B.
A fee shall be charged and assessed as Court costs upon the filing
of any information by any person or party with the Clerk of the Court.
The assessment for Court costs shall be collected, in addition to
any fine that may be assessed against a defendant, from the defendant
convicted or pleading guilty in any action. All Court costs shall
be paid over to and collected by the Clerk of the Court and shall
be accounted for by the Court Clerk as other monies now coming into
the hands of the Court Clerk.
[Ord. 695, 11-2-1987]
The Judge of the Municipal Court shall conduct regular sessions
of the Municipal Court.
[Ord. 587, 5-5-1980; amended by Ord. 705, 3-7-1988]
A.
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 property.
Compensation for work performed shall be as established by the City.
B.
If a defendant who is financially able refuses or neglects to pay
a fine or costs or both, payment may be enforced:
C.
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 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.
D.
The Chief of Police, subject to the direction of the Mayor, shall
direct where the work shall be performed. The head of the department
or some person designated by him shall oversee the work. If a guard
is necessary, the Chief of Police shall make provisions therefor.
[Ord. 570, 5-2-1977]
A.
It is unlawful for any person who:
1.
Has been convicted of any violation of any of the ordinances of this
City; and
2.
Has been granted time by the Court within which to pay any fine imposed or to appear for incarceration in lieu thereof at the time specified by the Court, to fail to pay the fine or to fail to appear for incarceration at the time specified by the Court. A violation of this Section shall be punishable as provided in Section 1-108 of this Code.
[Ord. 695, 11-2-1987]
A.
Whenever a calendar has been made up for the trial of cases by jury,
the Judge shall request, in writing, the presiding 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.
B.
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:
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STATE OF OKLAHOMA)
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) ss:
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COUNTY OF CHEROKEE)
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TO __________, GREETING: you hereby are summoned to
appear in the Municipal Court for the City of Tahlequah, Oklahoma,
to be held at __________ on the _____ day of _____ 19_____, at the
hour of __________ o'clock _____.M., to serve as a juror in said court,
and to continue in such service until discharged by the court.
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Hereof fail not, under penalty of law.
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Issued under the authority of said court, this _____
day of _____, 19_____.
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Clerk of the Municipal Court of the
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City of Tahlequah, Oklahoma
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C.
Service shall be made, as the Judge may prescribe by rule or direct
by order, either in person upon the juror by the marshal of the Court
or by any member of the police force of this Municipality, 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.
D.
A jury in the Court shall consist of six jurors, good and lawful
men or women, citizens of the County of Cherokee, possessing the qualifications
of jurors in District Court.
E.
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.
F.
A verdict of the jury may be rendered by the vote of five jurors.
G.
In all actions tried before a jury, the Judge shall determine all
questions of law, including questions as to the introduction of evidence,
arising during the trial. He also shall instruct the jury as to the
law.
H.
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.
I.
The jury must not be discharged after the case 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.
J.
Jurors shall receive for their service a sum per day, plus mileage
for each mile necessarily traveled by the direct routing going to
and from the Court from their respective places of residence, and
such mileage shall be allowed only once each day, or as may be set
by the Council. 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 Municipality are verified.
The jurors shall be paid out of the general funds of the Municipality.
