(A) Qualifications. There shall be one Judge of the Court. A Judge need not be a licensed attorney at law, but, if not, he or she must be a resident of the town, of the age of 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 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.
(B) Term of Judge. The official term of the Judge shall be two years, expiring on the first Monday of May in each odd-numbered year. Each Judge, unless sooner removed for proper cause, shall serve until his or her successor is appointed and qualified.
(C) Alternate Judge. There may be appointed, for each judge of the Court, an Alternate Judge, possessed of the same qualifications as the Judge. 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.
(D) Appointment of Judges and Alternate Judges.
(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.
(2) 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.
(E) Emergency appointments. 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.
(F) Compensation.
(1) Judge. A Judge, other than an Alternate Judge or an Acting Judge, shall receive a minimum monthly salary of an agreed upon amount specified by contract.
(2) Alternate or Acting Judge. An Alternate Judge or an Acting Judge shall be paid same for each day devoted to the performance of his or her duties; except that, for any month, the total payment so calculated shall not exceed the salary of the Judge in whose stead he or she sits. An Alternate or Acting Judge who sits for an entire month shall receive the amount specified in division (F)(1) above as the salary of the Judge in whose stead he or she sits.
(G) Removal from office.
(1) Removal for cause. Judges shall be subject to removal from office by the governing body for the causes prescribed by the Constitution and laws of the state for the removal of public officers.
(2) Filing of petition.
(a) 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:
1. The Mayor; or
2. Twenty five or more qualified electors of the town.
(b) In the latter event, verification may be executed by one or more of the petitioners.
(3) Hearing; notice. 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 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.
(4) Procedures. So far as they can be made applicable, the provisions of the state’s Administrative Procedure Act, being 75 O.S. §§ 250 et seq., governing individual proceedings shall govern removal proceedings hereunder. 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.
(H) 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 proceeding has been affirmed finally in judicial proceedings or is no longer subject to judicial review.
(2) Upon the occurrence of a vacancy in the office of Judge, the Mayor shall appoint a successor to complete the unexpired term upon the same procedure as an original appointment is made.
(Prior Code, § 1-7-4) (Ord. 2011-2, passed 2-14-2011; Ord. 2020-2, passed 6-8-2020)
Statutory reference:
Related provisions, see 75 O.S. §§ 309 through 317