1-11-3: JURISDICTION:

The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the city is charged, including any such prosecutions transferred to the court in accordance with applicable law. (1985 Code ch. 12 § 1-3)

1-11-4: JUDGE OF THE COURT:

   A.   Appointment Of Judges: Judges and alternate judges shall be appointed by the mayor, as approved by the city council. The city council may confirm the proposed appointment by a majority 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 city council. (1985 Code ch. 12 § 1-8)

   B.   Qualifications: There shall be one judge of the court. A judge need not be a licensed attorney at law; but, if not, he must be a resident of the municipality of the age of twenty five (25) years, possessed of good moral character. A judge who is a licensed attorney may engage in the practice of law in other courts, but he shall not accept employment inconsistent with his 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. (1985 Code ch. 12 § 1-4)

   C.   Term Of Office: The official term shall be two (2) years, expiring on June 30 every other year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified; provided, that the judge of the municipal court existing in the municipality on the effective date hereof shall act as judge of the court herein provided for until a judge is appointed and qualified under the terms of this chapter. (1985 Code ch. 12 § 1-5; amd. 2016 Code)

   D.   Alternate Judge: There shall be appointed, for each judge of the court, an alternate judge. An alternate judge need not be a licensed attorney at law; but, if not, he must be a resident of the municipality of at least the age of twenty five (25) years, possessed of good moral character. His appointment shall be for the same term and made in the same manner as the judge. He shall sit as acting judge of the court in any case if the judge is: 1) absent from the court; 2) unable to act as judge; 3) disqualified from acting as judge in the case. An alternate judge who is a licensed attorney may engage in the practice of law in other courts, but he shall not accept employment inconsistent with his 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. (1985 Code ch. 12 § 1-6)

   E.   Acting Judge: If, at any time, there is no judge or alternate judge, duly appointed and qualified, available to sit as judge, the mayor, with confirmation of the city council, 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. (1985 Code ch. 12 § 1-7)

   F.   Compensation:

      1.   A judge, other than an alternate judge or an acting judge, shall receive a salary of no more than two hundred fifty dollars ($250.00) monthly, paid in the same manner as the salaries of other officials of the municipality.

      2.   An alternate judge or an acting judge shall be paid the sum of one hundred dollars ($100.00) for each day devoted to the performance of his duties, except that for any month, the total payments so calculated shall not exceed the salary of the judge in whose stead he sits. An alternate or acting judge who sits for an entire month shall receive the amount specified in this chapter as the salary in whose stead he sits. (1985 Code ch. 12 § 1-9; amd. 2016 Code)

   G.   Removal:

      1.   Judges shall be subject to removal from office, by the city council, 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 (25) or more qualified electors of the municipality; in the latter events, verification may be executed by one or more of the petitioners.

      2.   The city council 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 (10) days before the hearing. 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; and

         c.   To have all evidence against him presented in open hearing.

      3.   So far as they can be made applicable, the provisions of the Oklahoma administrative procedure act governing individual proceeding, 75 Oklahoma Statutes sections 309 to 317 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 city council, in favor of such removal. (1985 Code ch. 12 § 1-10)

   H.   Vacancy:

      1.   A vacancy in the office of judge shall occur if the incumbent:

         a.   Dies; or

         b.   Resigns; or

         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 shall appoint a successor to complete the unexpired term upon the same procedure as an original appointment is made. (1985 Code ch. 12 § 1-11)

   I.   Authority To Prescribe Rules: The judge shall prescribe rules, consistent with the laws of the state and with the ordinances of the municipality, for the proper conduct of the business of the court. (1985 Code ch. 12 § 1-17)

1-11-5: NO CHANGE OF VENUE; 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 disqualification or he 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. (1985 Code ch. 12 § 1-12)

1-11-6: POLICE CHIEF; PRINCIPAL OFFICER OF THE COURT:

All writs or process of the court shall be directed to the chief of the police department of the municipality who shall appoint a member of the police department who shall be the principal officer of the court for the purposes of that particular writ or process. (1985 Code ch. 12 § 1-13)

1-11-7: CLERK OF THE COURT:

   A.   Designation; Duties: The city clerk, or a deputy designated by the city clerk, shall be clerk of the court. The clerk of the court 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.   Enter 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 receipt for forfeitures, fees, deposits and sums of money payable to the court.

      6.   Pay to the city treasurer all money so received by her on the day of receipt. (1985 Code ch. 12 § 1-14)

   B.   Bond: The clerk of the court shall give bond in the same manner and amount given by the city clerk for the performance of official duties as the clerk of the incorporated city of Jay. (1985 Code ch. 12 § 1-16)

1-11-8: CITY ATTORNEY; PROSECUTING OFFICER:

The city attorney or his duly designated assistant shall be the prosecuting officer of the court. He shall prosecute all alleged violations of this code and the ordinances of the city. He shall be authorized, in his discretion, to prosecute and resist appeals, proceedings in error and review from this court to any other courts of the state, and to represent this municipality in all proceedings arising out of matters in this court. (1985 Code ch. 12 § 1-15)

1-11-9: OBEDIENCE TO ORDERS BY JUDGE; CONTEMPT:

Obedience to the orders, rules and judgments made by the judge or by the court may be enforced by the judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state. (1985 Code ch. 12 § 1-18)

1-11-10: STYLE OF PROSECUTIONS:

All prosecutions for violation of ordinances of this municipality shall by styled: "The City Of Jay v. (naming the defendant or defendants)". Except as provided hereinafter, prosecutions shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint, and setting forth concisely the offense charged, and approved for filing by the city attorney. (1985 Code ch. 12 § 1-19)