(A) There shall be one Judge of the Municipal Court, and he or she shall be appointed by the Mayor, with the consent of the Town Board of Trustees; the Mayor may be designated as Judge upon approval of the Town Board.
(B) The Municipal Judge shall be at least 25 years of age, a resident of the Town of Granite, Oklahoma (unless he or she is a licensed attorney), shall have a high school education (or the equivalent) and be of good moral character. A Judge who is a licensed attorney 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 a Municipal Judge or arising out of facts which give rights to, or are connected with, cases within the jurisdiction of the Court pending therein or which might be subject of proceedings therein. At the request of a defendant, with the approval of the Court, any fine imposed may be paid by the defendant engaging in the community service without compensation. The community service would be at the direction of the Municipal Judge and monitored by the Chief of Police. If a fine is imposed on a minor, the request for community service shall be made by a parent, guardian or any person having custody and control of the minor. Community service shall be allocated at not less than the minimum wage which will be applied to the fine and costs imposed.
(C) If the Judge of the Municipal Court is not a licensed attorney, the trial shall be to the Court and the Court may not impose a fine which exceeds $50 plus costs and may not order the defendant imprisoned, except for the nonpayment of fines or costs. If the Judge of the Municipal Court is a licensed attorney, the fine may not exceed $1,000, plus costs.
(D) The official term of the Municipal Judge shall be two years, starting on June 30 in each odd- numbered year. The Municipal Judge, unless sooner removed for proper cause, shall serve until his or her successor is appointed and qualified.
(E) The Judge of the Municipal Court shall receive a salary as prescribed by the Town Board of Trustees, paid in the same manner as the salaries of other municipal employees.
(F) The Municipal Judge may prescribe rules, consistent with the State Constitution and Laws and this code of ordinances, for the proper conduct of the business of the Municipal Court.
(G) There may be appointed an Alternate Judge of the Municipal Court, possessed of the same qualifications of the Municipal Judge.
(1) His or her appointment shall be for the same term and made in the same manner as the Municipal Judge. He or she shall sit as Acting Judge of the Municipal Court in any case if the Municipal Judge is absent from the Court, unable to act as Municipal Judge in a case.
(2) If, at any time, there is no Municipal Judge or Alternate Judge, duly appointed and qualified, available to sit as Municipal Judge, the Town Board of Trustees may appoint some person possessing the qualifications required by this chapter for the Municipal Judge, who shall preside as Acting Judge over the Municipal Court in the disposition of pending matters until such time as a Municipal Judge or Alternate Judge shall be available.
(H) An Alternate Judge or an Acting Judge shall be paid, as prescribed by the Town Board of Trustees, for each day devoted to the performance of his or her duties, except that for any month the total payments so calculated shall not exceed the salary of the Municipal Judge in whose stead he or she sits. An Alternate or Acting Judge who sits for an entire month shall receive the amount specified by the Town Board of Trustees as the salary of the Municipal Judge in whose stead he or she sits.
(I) Judges shall be subject to removal from office by the Town Board of Trustees for the causes prescribed by the State Constitution and Laws for the removal of public officers. Provisions of the Oklahoma Administrative Procedure Act governing individual proceedings (75 O.S. §§ 309 through 317 and any amendments or additions thereto in effect at the time of the hearing) shall govern removal proceedings hereunder so far as they can be made applicable.
(J) A vacancy in the office of Municipal Judge shall occur if the incumbent dies, resigns, ceases to possess the qualifications for the office or is removed. Upon the occurrence of a vacancy in the office of Municipal Judge, the Mayor shall appoint a successor to complete the unexpired term, using the same procedure as for an original appointment.
(`85 Code, § 1-29) (Am. Ord. 186, passed 8-14-89; Am. Ord. 222, passed 1-9-06)
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