(A) Appointment.
(1) Judges and Alternate Judges shall be appointed by the Mayor with the consent of the Board of Trustees. A proposed appointment shall be submitted in writing to the Board of Trustees 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.
(2) The Board of Trustees 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 Trustees, unless the Mayor, in writing, withdraws the proposed appointment.
(B) Compensation. The town’s Municipal Judge shall receive an annual salary of $6,600 payable at the rate of $950 per month. An Alternate or Acting Judge shall be paid the sum of $100 for each Court session at which he or she presides.
(C) Removal.
(1) Judges shall be subject to removal from office, by the Board of Trustees, 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.
(2) Petitions may be signed and filed by:
(a) The Mayor; or
(b) Twenty-five or more qualified electors of this town; in the latter event, verification may be executed by one or more of the petitioners. The Board of Trustees 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 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 Oklahoma Administrative Procedure Act (75 O.S. §§ 309 through 317) 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 individual votes, by a majority of all members of the Board of Trustees, in favor of such removal.
(D) Vacancy.
(1) Conditions. A vacancy in the office of Judge shall occur if the incumbent:
(a) Dies;
(b) Resigns; or
(c) Ceases to possess the qualifications for the office.
(2) Successor. Upon the occurrence of a vacancy in the office of Judge, the Mayor shall appoint a successor to complete the unexpired term, upon the same procedure as an original appointment is made.
(E) Disqualification. In prosecutions before the Court, no change of venue shall be allowed; but the Judge before whom the case is pending 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, § 1-9-7) (Ord. 281, passed 7-6-1995)