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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. 12-10)
No change of venue shall be allowed from the municipal court but the judge 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, Sec. 12-4)
The municipal governing body, upon the recommendation of the judge of the municipal court, may designate any appropriate person who is a resident of the municipality to serve as marshal and in the absence of such designation, the chief of police or corresponding officer of the municipality shall be ex officio marshal of the court. The marshal shall execute any writs or other process directed to him, except herein otherwise provided, and such duty may be performed by any deputy marshal or by any members of the police force of the municipality, as the case may be. (Prior Code, Sec. 12-17)
A. The clerk, or a deputy designated by him, shall be the clerk of the court. He shall:
1. Assist the judge in recording the proceedings of the court and in preparing writs, processes and other papers.
2. Administer oaths required in 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 relating to the proceedings of the court as the judge shall direct.
5. Receive and give receipt for forfeitures, fines, deposits, and sums of money payable to the court.
B. All of the fees, fines and forfeitures which come to the municipal court shall be paid by the clerk of the court to the municipal treasurer. The treasurer shall credit such deposits to the fund designated by the municipal governing body. The court clerk shall make duplicate receipts of the fees, fines and forfeitures collected by him, one of which shall be retained by the municipal treasurer together with a detailed statement of the items of all costs, the style of the case in which they were paid, and the name of the parties paying the same. (Prior Code, Secs. 12-13, 12-15)
The attorney for this municipality, or his duly designated assistant, shall be the prosecuting officer of the court. He shall also prosecute 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. 12-16)
The court clerk shall give bond, in the form provided by section 27-111 of title 11 of the Oklahoma Statutes, in a sum to be determined by the governing body. 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, the alternate judge, or an acting judge, or any of them, shall give a bond to the governing body in an amount set by the governing body in the form as required by law. When executed, such 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 records. (Prior Code, Sec. 12-11)
Notes
| 1 | 1. See also section 2-326 of this code. |
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