(A) Judge.
(1) Qualifications.
(a) There shall be one Judge of the Court. The Judge may be an attorney licensed to practice law in the state or a resident of the town of the age of 25 years or older who is possessed of good moral character.
(b) 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 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) He or she must be a resident of the county or of an adjacent county or maintain a law office therein.
(d) He or she may serve as the Judge of other municipal courts if such service may be accomplished consistently with his or her duties as Judge of the Town Municipal Court and with the consent of the Town Board of Trustees.
(2) Term of office. The official term of the Judge shall be two years, expiring each odd- numbered year. Each Judge, unless sooner removed for proper cause, shall serve until his or her successor is appointed and qualified.
(B) Alternate Judge. There shall be appointed for each Judge of the Court an Alternate Judge possessed of the same qualifications required of the Judge in this section. His or her appointment shall be for the same term and made in the same manner as the Judge. He or she 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.
(C) Acting Judge. If at any time there is no duly-appointed and qualified Judge or Alternate Judge who is available to sit as judge, then the Mayor, with the consent of the Town Board, shall appoint some person possessing the qualifications required by this section for the Judge, who shall preside as Acting Judge over the Court in the disposition of pending matters until such time as the Judge or Alternate Judge shall be available.
(D) Appointment of Judge and Alternate Judge. The Judge and Alternate Judge 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 at the next-to-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 may decide upon the proposed appointment by a majority vote of a quorum present and acting. A failure of decision upon a proposed appointment shall not prevent action thereon at a later regularly-scheduled meeting of the Town Board unless the Mayor, in writing, withdraws the proposed appointment.
(E) Salary and payments to Judges.
(1) A Judge other than an Alternate Judge or Acting Judge shall receive a salary as set by the Town Board of Trustees by motion or resolution.
(2) An Alternate Judge or Acting Judge shall be paid an amount as set by motion or resolution of the Town Board; however, payments to an Acting Judge or Alternate Judge shall not exceed the salary set for the Judge in whose stead he or she sits.
(F) Removal of Judge.
(1) Filing of petition. Judges shall be subject to removal from office by the Town Board 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; or
(b) Twenty-five or more qualified electors of the town. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners.
(2) Hearing. The Town Board 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 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 or her; and
(c) To have all evidence against him or her presented in open hearing.
(3) Compliance with statute; judgment of removal. So far as they can be applicable, the provisions of the State Administrative Procedures Act, being 75 O.S. §§ 250 et seq., governing individual proceedings shall govern the removal proceedings hereunder. A judgment of removal shall be entered only upon individual votes by a majority of all members of the Town Board in favor of such removal.
(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.
(2) Upon the occurrence of a vacancy in the office of Judge, the Mayor, with the consent of the Town Board, shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made.
(H) 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 or her disqualification or he or she may be disqualified from sitting under the terms, conditions and procedures provided by law for courts of record. If a Judge is disqualified, then the matter shall be heard by an Alternate Judge or Acting Judge appointed as provided in this chapter.
(Prior Code, § 1-8-4)