(A) There shall be one Judge of the Municipal Court and he or she shall be appointed by the Mayor, with the consent of the City Council.
(B) The Municipal Judge shall be at least 30 years of age, a resident of the city, unless he or she is a licensed attorney, have a high school education or the equivalent and be of good moral character. 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 the Municipal 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.
(C) (1) If the Judge of the Municipal Court is not a licensed attorney, the trial shall be to the Court, and the Court may not impose a fine which exceeds $50 and may not order the defendant imprisoned, except for the non-payment of fines or costs.
(2) If the Judge of the Municipal Court is not a licensed attorney, but has complied with the requirements of 11 O.S. § 27-104(F), the maximum fine that may be imposed shall be $100.
(3) In order to impose the fine authorized by 11 O.S. § 27-104(E), a non-lawyer judge must, within a period not to exceed the preceding reporting period in the state for mandatory continuing legal education, complete courses held for municipal judges which have been approved by the state’s Bar Association Mandatory Legal Education Commission for at least six hours of continuing legal education credit or attend at least one day of a state judicial conference. In the case of attendance of a continuing legal education course, verification may be made by a statement of attendance signed by the course registration personnel. In the case of verification of attendance of a state judicial conference, a statement of attendance signed by the Administrative Director of the Courts or a designee shall be sufficient verification.
(D) (1) The official term of the Municipal Judge shall be two years, expiring on June 15, in each even-numbered year.
(2) The Municipal Judge, unless sooner removed for proper cause, shall serve until his or her successor is appointed and qualified.
(E) The Judge of the Municipal Court shall receive a salary as prescribed by the City Council, paid in the same manner as the salaries of other municipal employees.
(F) The Municipal Judge may prescribe rules, consistent with the state Constitution and laws and this code of ordinances, for the proper conduct of the business of the Municipal Court.
(G) There may be appointed an Alternate Judge of the Municipal Court, possessed of the same qualifications as the Municipal Judge, as set out herein:
(1) His or her appointment shall be for the same term and made in the same manner as the Municipal Judge. He or she shall sit as Acting Judge of the Municipal Court in any case if the Municipal Judge is absent from the Court, unable to act as Municipal Judge in a case.
(2) If, at any time, there is not a Municipal Judge or Alternate Judge, duly appointed and qualified, available to sit as Municipal Judge, the City Council may appoint some person possessing the qualifications required by this section for the Municipal Judge, who shall preside as Acting Judge over the Municipal Court in the disposition of pending matters until the time as a Municipal Judge or Alternate Judge shall be available.
(H) An Alternate Judge or an Acting Judge shall be paid, as prescribed by the City Council, for each day devoted to the performance of his or her duties, except that, for any month, the total payments so calculated shall not exceed the salary of the Municipal Judge in whose stead he or she sits. An Alternate or Acting Judge who sits for an entire month shall receive the amount specified by the City Council as the salary of the Municipal Judge in whose stead he or she sits.
(I) (1) Judges shall be subject to removal from office by the City Council, for the causes prescribed by the state Constitution and laws for the removal of public officers.
(2) Provisions of the Oklahoma Administrative Procedure Act governing individual proceedings, 75 O.S. §§ 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.
(J) (1) A vacancy in the office of Municipal Judge shall occur if the incumbent dies, resigns, ceases to possess the qualifications for the office or is removed.
(2) 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.
(2002 Code, § 32.19)
Cross-reference:
Municipal Court, see Chapter 39
Statutory reference:
Similar provisions, see 11 O.S. § 27-104