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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE. The peace officer in charge of the police force in the municipality or the peace officer in charge of the law enforcement office operating to enforce the ordinances of the town under any interlocal cooperation agreement.
CLERK-TREASURER. The Clerk-Treasurer of the municipality, including any deputy or member of the office staff of the Clerk-Treasurer while performing any duty of the Clerk-Treasurer’s office.
COURT. The Municipal Court of the town.
GOVERNING BODY. The Board of Trustees of the Town of Bernice, Oklahoma.
JUDGE. The Judge of the Municipal Court, aforesaid, including any Acting Judge or Alternate Judge thereof as provided for by statutes of the state and this chapter.
MAYOR. The Mayor of the Board of Trustees of the municipality.
MUNICIPALITY or THIS MUNICIPALITY. The Town of Bernice, Oklahoma.
THIS JUDICIAL DISTRICT. The District Court Judicial District of the State of Oklahoma, wherein the government of the municipality is situated.
(Prior Code, § 1-9-2) (Ord. 2005-4, passed 9-12-2005)
(A) Qualifications. There shall be one Judge of the Court who meets the requirement set forth by statute and, if he or she be licensed to practice law in the state, said Judge 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 prosecutions in the court.
(B) Term. The official term of the Judge shall be two years, expiring on June 30, each odd numbered year. Each Judge shall serve until his or her successor is appointed and qualified, unless removed for proper cause.
(C) Alternate Judge. There shall be appointed for each Judge of the Court an Alternate Judge possessing the same qualifications as the Judge. His or her appointment shall be for the same term and made in the same manner of the Judge. He or she shall sit as Acting Judge of the Court in any case where the Judge is:
(1) Absent from the Court;
(2) Unable to act as Judge; or
(3) Disqualified from acting as Judge in the case.
(D) Acting Judge. If at any time there is no Judge or Alternate Judge, duly appointed and qualified, available to sit as Judge, the President of the Board of Trustees shall appoint some person, possessing the same qualifications as the Judge, who shall preside as Acting Judge over the Court in the disposition of pending matters until such time as the Judge or Alternate Judge shall be available.
(E) Appointment. The Judge and Alternate Judge shall be appointed by the Mayor of the Board of Trustees 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 President of the Board of Trustees, in writing, withdraws the proposed appointment.
(F) Compensation.
(1) A Judge, other than an Alternate Judge or an Acting Judge, shall receive a salary as set by motion or resolution of the Board of Trustees and paid in the same manner as the salaries of other officials of the municipality.
(2) An Alternate Judge or an Acting Judge shall serve and be paid a wage as determined by a motion or resolution of the Board of Trustees.
(G) Removal.
(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. Petitions may be signed and filed by:
(a) The Mayor of the Board of Trustees; or
(b) Twenty-five or more qualified electors of the municipality.
(2) In the latter event, verification may be executed by one or more of the petitioners. The governing body shall set a date for hearing on 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.
(3) 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.
(4) So far as they can be made applicable, the provisions of the state’s Administrative Procedure Act governing individual proceedings 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 the individual votes by a majority of all members of the governing body in favor of such removal.
(H) Vacancy.
(1) A vacancy in the office of Judge shall occur if the incumbent:
(a) Dies;
(b) Resigns;
(c) Ceases to possess the qualifications for the office; or
(d) Is removed, and the removal proceeding has been affirmed finally in judicial proceedings or is no longer subject to judicial review.
(2) Upon the occurrence of a vacancy in the office of Judge, the Mayor of the Board of Trustees shall appoint a successor to complete the unexpired term, upon the same procedure as an original appointment is made.
(Prior Code, § 1-9-4) (Ord. 2005-4, passed 9-12-2005)
Statutory reference:
Administrative Procedure Act, see 75 O.S. § 250.1-323
No change of venue shall be allowed in prosecutions before the Court, but the Judge of the Court may certify his or her disqualification or he or she 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.
(Prior Code, § 1-9-5) (Ord. 2005-4, passed 9-12-2005)
(A) Duties. The town’s Clerk-Treasurer, or a Deputy designated by said Clerk-Treasurer, shall be the Clerk of the Court.
(1) The Clerk of the Court shall assist the Judge in recording the proceedings of the Court and in preparing writs, processes and other papers.
(2) The Clerk of the Court shall administer oaths required in proceedings before the Court.
(3) The Clerk of the Court shall enter all pleadings, processes and proceedings in the dockets of the Court and shall perform such other clerical duties relating to the proceedings of the Court as the Judge shall direct.
(4) The Clerk of the Court shall receive and give receipt of all fines, forfeitures and fees payable to the Court.
(5) The Clerk of the Court shall deliver to the town’s Clerk-Treasurer all fees, fines and forfeitures payable to the Court. The Clerk-Treasurer shall credit such deposits to fund designated by the governing body of the town.
(6) The Clerk of the Court shall make duplicate receipts for the fees, fines and forfeitures collected by said Clerk, one copy of which shall be retained by the town’s Clerk-Treasurer together with a detailed statement of all costs, the style of the case in which they were paid, and the name of the party paying the same.
(B) Bond. The Clerk or Clerks of the Court shall give bond as prescribed in 11 O.S. § 27-111, and in the sum of $500. When executed, the said bond shall be submitted to the governing body for approval and thereafter filed with the municipality.
(Prior Code, § 1-9-6) (Ord. 2005-4, passed 9-12-2005)
A Traffic Violations Bureau is hereby established as a division of the office of the Clerk of the Court to assist in the disposition of violations of traffic regulatory ordinances of the municipality. The Clerk of the Court, or Assistant Clerks designated by the town’s Clerk-Treasurer, shall serve as the Clerk or Clerks of the Traffic Violations Bureau. The Clerk or Clerks thereof shall accept prescribed fines, issue receipts and cause all cases involving persons either electing, or required, to appear in court to be transferred to the Clerk of the Court for docketing in the Court, and shall keep records and submit such reports to the Judge of the Court as he or she may require. The Clerk or Clerks of the Traffic Violations Bureau shall account for all funds in the same manner as required by the Clerk of the Court under § 34.06 of this chapter.
(Prior Code, § 1-9-7) (Ord. 2005-4, passed 9-12-2005)
The Attorney for the municipality, or his or her duly designated assistant, shall be the prosecuting officer of the Court. He or she shall prosecute all alleged violations of the ordinances of the town and shall be authorized to prosecute and resist appeals and proceedings in error and review from this Court to any other courts of the state, and to represent the municipality in all proceedings arising out of matters in this Court.
(Prior Code, § 1-9-8) (Ord. 2005-4, passed 9-12-2005)
The Chief of Police, or some officer acting for him or her, shall be the Marshal of the Court. All writs or processes shall be directed to the Chief of Police of the municipality who, either by himself or herself, or by some member of his or her Department and at his or her direction, shall execute such writs and processes as required by law.
(Prior Code, § 1-9-9) (Ord. 2005-4, passed 9-12-2005)
All prosecutions for violation of ordinances for the municipality shall be styled “The Town of Bernice vs. “. Except as provided in § 34.13 of this chapter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint, shall be verified before a Judge, the Court Clerk, a 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.
(Prior Code, § 1-9-10) (Ord. 2005-4, passed 9-12-2005)
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