(A) Qualifications. There shall be one judge of the court.
(1) A judge shall be an attorney licensed to practice law in Oklahoma.
(2) 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 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.
(3) He or she must be a resident of the city or maintain a law office therein.
(4) He or she may serve as judge of other municipal courts, if such service may be accomplished consistently with his or her duties as judge of this court, with the consent of the Mayor and Council.
(5) If no licensed attorney residing within Hughes County is willing to accept appointment as judge, a resident of the city, of the age of 25 years or older, possessed of good moral character, may be appointed judge.
(B) Term of office. The official term of the judge shall be two years expiring on the third Tuesday in May in each odd numbered year. Each judge, unless sooner removed for proper cause, shall serve until his or her successor is appointed and qualified.
(C) Alternate judge.
(1) There shall be appointed for each judge of the court an alternate judge possessed of the same qualifications as the judge.
(2) His or her appointment shall be for the same term and made in the same manner as the judge.
(3) He or she shall sit as acting judge of the court in any case if the judge is:
(a) Absent from the court;
(b) Unable to act as judge; or
(c) 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 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.
(E) Appointment of judge and alternate judge. Judges and alternate 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.
(F) Salary and payments to judges. A judge, other than an alternate judge or an acting judge, shall receive a salary as set by the governing body from time to time paid in the same manner as the salaries of other officials of the city.
(G) Removal of judge; hearing.
(1) 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:
(a) The Mayor; or
(b) Twenty-five or more qualified electors of the city. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners.
(2) 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 ten days before the hearing. At the hearing, the judge shall be entitled to:
(a) Representation by counsel;
(b) To present testimony and to cross-examine the witnesses against him or her; and
(c) Have all evidence against him or her presented in open hearing.
(3) So far as they can be applicable, the provisions of the Oklahoma Administrative Procedures Act governing individual proceedings 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.
(H) Vacancy in office of judge.
(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 proceedings have been affirmed finally in judicial proceedings or are no longer subject to judicial review.
(2) 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.
(I) Disqualification of judge. 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, § 1-11-3)
Statutory reference:
Similar provisions, see 75 O.S. §§ 309 through 317