A. 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 city, 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.
B. Term: The official term of the judge shall be one year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified.
C. 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.
D. Appointments:
1. 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.
2. Alternate judges may be appointed by the regular judge with the consent of the mayor on a case by case basis if necessary.
E. Salaries: The judge, alternate judge, or acting judge shall receive such salary as approved by the governing body, paid in the same manner as the salaries of other officials of the city.
F. Removal And Vacancy Procedure; Hearing:
1. Judges shall be subject to removal from office by the city commission, for the causes prescribed by the state constitution and laws for removal from public offices. Provisions of the Oklahoma administrative procedure act governing individual proceedings, 75 Oklahoma Statutes sections 308 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.
2. A vacancy in the office of municipal judge shall occur if the incumbent: a) dies, b) resigns, c) ceases to possess the qualifications for the office, or d) 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.
3. 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 (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.
4. So far as they can be made applicable, the provisions of the Oklahoma administrative procedures act 1 governing individual proceedings, and any amendments or additions thereto in effect at the time of the hearing, shall govern removal proceedings hereunder.
5. 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.
G. 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 section. (2013 Code)
Notes
| 1 | 1. 75 OS §§ 309 - 317. |