A. Qualifications And Restrictions: 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 Town of the age of twenty one (21) 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 subject of proceedings therein. (2014 Code § 6-201)
B. Appointment: Judges shall be appointed by the Mayor, with the consent of the Town Board of Trustees. A proposed appointment shall be submitted in writing to the Town 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. The Town Board of Trustees may decide upon the proposed appointment by a majority vote of all the members thereof. 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. (2014 Code § 6-203)
C. Term Of Judge: The official term of the Judge shall be two (2) years, expiring on April 30 in each odd numbered year. (2014 Code § 6-202)
D. Alternate Judge: There may be appointed for each Judge of the court an Alternate Judge possessed of the same qualifications as the Judge. His appointment shall be for the same term and made in the same manner as the Judge. He shall sit as Judge of the court in any case if the Judge is absent from court, unable to act as Judge, or disqualified from acting as Judge in the case. (2014 Code § 6-203)
E. Acting Judge: If at any time there is no Judge duly appointed and qualified available to sit as Judge, a person possessing the qualifications required by this section for the Judge shall be appointed as Acting Judge. The Acting Judge 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. (2014 Code § 6-204)
F. Compensation: A Judge shall receive such salary as may be established and shall be paid as established by the Town. (2014 Code § 6-205)
G. Removal:
1. Removal For Cause: Judges shall be subject to removal from office by the Town Board of Trustees for the causes prescribed by the Constitution and laws of this State for the removal of public officers.
2. Filing Of Petition: 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 the Mayor, or twenty five (25) or more qualified electors of the Town. In the latter event, verification may be executed by one or more of the petitioners.
3. Hearing; Notice: The Town 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 (10) days before the hearing. At the hearing, the Judge shall be entitled to representation by counsel, to present testimony and to cross examine the witnesses against him, and to have all evidence against him presented in open hearing.
4. Procedures: So far as can be made applicable, the provisions of the Oklahoma Administrative Procedure Act governing individual proceedings, 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 Town Board of Trustees in favor of such removal. (2018 Code)
H. Vacancy In Office:
1. Cause Of Vacancy: 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 under the Town ordinances; or
d. Is removed, and the removal proceeding has been affirmed finally in judicial proceedings or is no longer subject to judicial review. (2014 Code § 6-207)
2. Filling Vacancy: Upon the occurrence of a vacancy in the Office of Judge, the Mayor, with the consent of the Town Board of Trustees, shall appoint a successor to complete the unexpired term, upon the same procedure as an original appointment is made. (2014 Code § 6-207; amd. 2018 Code)