A. Qualifications; Appointment:
1. There shall be one Judge of the court. The Mayor, with the consent of the City Council, may appoint as Judge:
a. An attorney licensed to practice law in Oklahoma, who resides in Carter County or in an adjacent county;
b. An attorney licensed to practice law in Oklahoma who maintains a permanent office in the city;
c. Any suitable resident of the city; or
d. The mayor, upon approval of the city council.
2. 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. (1990 Code § 6-104)
B. Term: The official term of the judge shall be two (2) years, expiring on the first Monday of July in each odd numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified. (1990 Code § 6-105)
C. Alternate Judge: There shall 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 acting judge of the court in any case if the judge is:
1. Absent from the court;
2. Unable to act as judge; or
3. Disqualified from acting as judge in the case. (1990 Code § 6-106)
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 to qualify and to serve. (1990 Code § 6-107)
E. Salary And Payments To Judges:
1. A judge, other than an alternate judge or an acting judge, shall receive a salary as set by the city council by motion or resolution, paid in the same manner as the salaries of other officials of the city. (1990 Code § 6-108)
2. An alternate judge shall be paid an amount as set by the city council for each day devoted to the performance of his duties; such payments to be from funds that would have otherwise gone to the sitting judge. The total payments so accumulated for an alternate or acting judge during any month 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 of the judge in whose stead he sits. (1990 Code § 6-108; amd. 2006 Code)
F. Removal Of Judge:
1. Judges of the Lone Grove municipal court shall be subject to removal from office by the city council for the causes prescribed by the constitution and laws of the 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 and the entire city council; or
b. Twenty five (25) or more qualified electors of the city. Verification of the number and qualifications of electors shall 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 to:
a. Representation by counsel;
b. Present testimony and to cross examine the witnesses against him; and
c. Have all evidence against him presented in open hearing.
3. So far as they can be applicable, the provisions of the Oklahoma administrative procedures act governing individual proceedings, 75 Oklahoma Statutes sections 309 to 317, as amended, 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. (1990 Code § 6-109)
G. Vacancy In Office:
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. (1990 Code § 6-110)
2. Upon the occurrence of a vacancy in the office of judge or alternate judge, the mayor, with the consent of the city council, shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made. (1990 Code § 6-110; amd. 2006 Code)
H. Change Of Venue Not Allowed; Disqualifications: 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. (1990 Code § 6-111)