TITLE 6
COURT
CHAPTER 1
MUNICIPAL COURT
SECTION:
6-1-1: Organization Of Court
6-1-2: Definitions
6-1-3: Jurisdiction Of Court
6-1-4: Municipal Court Judge
6-1-5: Disqualification Of Judge In Prosecutions
6-1-6: Principal Officer Of Court
6-1-7: Clerk Of The Court
6-1-8: Prosecuting Attorney; Duties; Conflict Of Interest
6-1-9: Rules Of Court
6-1-10: Written Complaints To Prosecute Violations
6-1-11: Procedures For Issuing Citation; Custody, Arrest
6-1-12: Creation Of Traffic Violations Bureau
6-1-13: Summons For Arrest
6-1-14: Form Of Arrest Warrant
6-1-15: Procedures For Bail Or Bond
6-1-16: Traffic Bail Bond Procedures
6-1-17: Bond Forfeiture; District Court
6-1-18: Arraignment And Pleadings By Defendant
6-1-19: Trials And Judgments
6-1-20: Trial By Jury Or Waiver
6-1-21: Jurors And Jury Trial Procedures
6-1-22: Witness Fees
6-1-23: Compensation Of Jurors
6-1-24: Sentencing
6-1-25: Complaint; Failure To Appear; Court Costs
6-1-26: Judgment
6-1-27: Imprisonment; Work By Prisoners
6-1-28: Costs And Administrative Fees
6-1-29: Penalty Assessment
6-1-1: ORGANIZATION OF COURT:
   This chapter shall govern the organization and operation of the municipal court of the city of Seminole, as put into operation by resolution duly passed on February 4, 1969, and filed in accordance with law as authorized by 11 Oklahoma Statutes sections 27-101 and 27-102. To the extent of conflict between any provisions of this chapter and the provisions of any ordinance of this city, the provisions of this chapter shall control. The court shall be operative on and after February 12, 1969. (2000 Code § 6-101; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
6-1-2: DEFINITIONS:
   As used in this chapter, unless the context requires a different meaning, the following words shall have the meanings ascribed to them in this section:
   CHIEF OF POLICE: The peace officer in charge of the police force of the city.
   CLERK: The clerk of the city, including any deputy or member of the office staff of the clerk while performing duties of the clerk's office.
   COURT: The municipal court of the city of Seminole.
   JUDGE: The judge of the municipal court, including any acting judge or alternate judge thereof as provided for by the statutes of this state and this chapter.
   THIS JUDICIAL DISTRICT: The district court judicial district of the state of Oklahoma wherein the government of the city is situated. (2000 Code § 6-102; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
6-1-3: JURISDICTION OF COURT:
   The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the city is charged, including any such prosecutions transferred to the court in accordance with applicable law. (2000 Code § 6-103; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
6-1-4: MUNICIPAL COURT JUDGE:
   A.   Qualifications: There shall be one judge of the court. A judge shall be duly licensed to practice law in this state. He 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. He must be a resident of the county. (2000 Code § 6-104)
   B.   Term Of Office: The official term of the judge shall be two (2) years expiring on January 15 in each odd numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified. (2000 Code § 6-105; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
   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. (2000 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. (2000 Code § 6-107)
   E.   Appointment Of Judge And Alternate Judge: Judges and alternate judges shall be appointed by the mayor with the consent of the city council. 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. The city council 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. (2000 Code § 6-108)
   F.   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 governing body by motion or resolution, paid in the same manner as the salaries of other officials of the city.
      2.   An alternate judge or an acting judge shall be paid an amount as set by the governing body for each day devoted to the performance of his duties, except that the total payments so calculated 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. (2000 Code § 6-109)
   G.   Removal Of Judge:
      1.   Judges shall be subject to removal from office by the governing body for the causes prescribed by the constitution and laws of this 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 (25) or more qualified electors of the city. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners.
      2.   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 (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 1 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. (2000 Code § 6-110)
   H.   Vacancy In Office Of Judge:
      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. (2000 Code § 6-111)
      2.   Upon the occurrence of a vacancy in the office of judge, the mayor, with consent of the city council, shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made. (2000 Code § 6-111; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
6-1-5: DISQUALIFICATION OF JUDGE IN PROSECUTIONS:
   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. (2000 Code § 6-112)
6-1-6: PRINCIPAL OFFICER OF COURT:
   All writs or processes of the court shall be directed, in his official title, to the chief of police of the city, who shall be the principal officer of the court. (2000 Code § 6-113)
6-1-7: CLERK OF THE COURT:
   A.   Duties: The city clerk, or a deputy designated by him, shall be the clerk of the court. He shall assist the judge in recording the proceedings of the court and in preparing writs, processes and other papers. He shall administer oaths required in proceedings before the court. He shall enter all pleadings, processes, and proceedings in the dockets of the court. He shall perform such other clerical duties relating to the proceedings of the court as the judge shall direct. He shall receive and receipt for forfeitures, fines, deposits, and sums of money payable to the court. He shall pay to the city treasurer all monies so received by him, except such special deposits or fees as shall be received to be disbursed by him for special purposes. All monies paid to the treasurer shall be placed in the general fund of the city, or in such other funds as the governing body may direct, and it shall be used in the operation of the city government in accordance with budgetary arrangements governing the fund in which it is placed. (2000 Code § 6-114)
   B.   Bond Of Court Clerk: The clerk of the court shall give bond, in the form provided by 11 Oklahoma Statutes section 27-111. When executed, the bond shall be submitted to the governing body for approval. When approved, it shall be filed with the clerk of the city and retained in the city archives. (2000 Code § 6-116)
6-1-8: PROSECUTING ATTORNEY; DUTIES; CONFLICT OF INTEREST:
   The attorney for the city, or his duly designated assistant, shall be the prosecuting officer of the court. He shall also prosecute all alleged violations of the ordinances of the city. He shall be authorized, in his discretion, to prosecute and resist appeal, proceedings in error and review from this court to any other court of the state, and to represent the city in all proceedings arising out of matters in this court. (2000 Code § 6-115)
6-1-9: RULES OF COURT:
   A.   Prescribed By Judge: The judge may prescribe rules, consistent with the laws of the state and with the ordinances of the city, for the proper conduct of the business of the court. (2000 Code § 6-117)
   B.   Enforcement: Obedience to the orders, rules and judgments made by the judge or by the court may be enforced by the judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state. (2000 Code § 6-118)
6-1-10: WRITTEN COMPLAINTS TO PROSECUTE VIOLATIONS:
   All prosecutions for violations of ordinances of the city shall be styled "The City of Seminole vs. (naming defendant or defendants)". Except as provided hereinafter, prosecution shall be initiated by the filing of a written complaint, subscribed and verified by the person making complaint, and setting forth concisely the offense charged and approved for filing by the city attorney. (2000 Code § 6-119)
6-1-11: PROCEDURES FOR ISSUING CITATION; CUSTODY, ARREST:
   A.   Residents Of City:
      1.   If a resident of the city is arrested by a law enforcement officer for the violation of any traffic ordinance for which other provisions of this chapter do not apply, or is arrested for the violation of a nontraffic ordinance, the officer shall immediately release the person if the person acknowledges receipt of a citation by signing it. However, the arresting officer need not release the person if it reasonably appears to the officer that the person may cause injury to himself or others or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property. If the person fails to appear in response to the citation, a warrant shall be issued for his arrest and his appearance shall be compelled.
      2.   If the arrested resident is not released by being permitted to sign a citation as provided for in this subsection, he shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance.
   B.   Nonresidents: If a nonresident of the city is arrested by a law enforcement officer for a violation of any ordinance for which section of this chapter does not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.
   C.   Parking Violations: If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, the police officer shall place on the vehicle, at a place reasonably likely to come to the notice of the operator, a citation conforming substantially to that prescribed in the remaining sections of this chapter, with such variation as the circumstances require; the operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under this section. (2000 Code § 6-120)
6-1-12: CREATION OF TRAFFIC VIOLATIONS BUREAU:
   A.   Payment Of Fines To Bureau: A traffic violations bureau hereby is established as a division of the office of the clerk of the court, to be administered by the clerk, or by subordinates designated by him for that purpose. Persons who are cited for violation of one of the traffic regulatory ordinances of the city, other than:
      1.   A second traffic offense within a twelve (12) month period;
      2.   A driver's license offense; or
      3.   An offense punishable by a fine of more than one hundred dollars ($100.00) or by imprisonment;
may elect to pay a fine in the traffic violations bureau according to the schedule of fines to be determined by the court.
   B.   Adoption Of Rules: The court may adopt rules to carry into effect this section. Payment of a fine under this section shall constitute a final determination of cause against the defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this chapter. (2000 Code § 6-121)
6-1-13: SUMMONS FOR ARREST:
   A.   Warrant Of Arrest Issuance: Upon the filing of a complaint charging violation of any ordinance, the judge, unless he determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, shall issue a summons, naming the person charged, specifying his address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a certain day, at least five (5) days (Sundays and holidays excepted) after the summons is served upon him, and including such other pertinent information as may be necessary. (2000 Code § 6-122; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
   B.   Serving Summons: The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided by this chapter. (2000 Code § 6-122)
6-1-14: FORM OF ARREST WARRANT:
   A.   Form Of Warrant: Except as otherwise provided in the ordinances of the city, upon the filing of a complaint approved by the endorsement of the attorney of the city or by the judge, there shall be issued a warrant of arrest, in substantially the following form:
The City of Seminole to the Chief of Police of the City of Seminole, Oklahoma.
Complaint upon oath having this day been made by (naming complainant) that the offense of (naming the offense in particular but general terms) has been committed and accusing (name of defendant) thereof, you are commanded therefore forthwith to arrest the above named defendant and bring                     before me, at Seminole, Oklahoma.
Witness my hand this         day of                 , 20    .
                                                   
Judge of the Municipal Court
Seminole, Oklahoma
   B.   Prompt Delivery Of Warrant: It is the duty of the chief of police, personally, or through a duly constituted member of the police force of the city, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. (2000 Code § 6-123; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
6-1-15: PROCEDURES FOR BAIL OR BOND:
Upon arrest, or upon appearance without arrest in response to citation or summons, or at any time before trial, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his appearance in an amount and upon conditions fixed by this chapter or the judge, who shall prescribe appropriate rules of court for the receipt of bail. In case of arrests made at night or under other conditions or emergency or when the judge is not available, the rules shall authorize the chief of police, or his designated representative, to accept a temporary cash bond in such amount as set on the bond schedule prepared by the court. (2000 Code § 6-124)
 
6-1-16: TRAFFIC BAIL BOND PROCEDURES:
   A.   Release On Personal Recognizance: In addition to other provisions of law for posting bail, any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or city traffic ordinance shall be released by the arresting officer upon personal recognizance if:
      1.   The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States which is a participant of the nonresident violator compact, or any party jurisdiction of the nonresident violator compact;
      2.   The arresting officer is satisfied as to the identity of the arrested person;
      3.   The arrested person signs a written promise to appear as provided for on the citation, unless the person is unconscious or injured and requires immediate medical treatment as determined by a treating physician; and
      4.   The violation does not constitute:
         a.   A felony;
         b.   Negligent homicide;
         c.   Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances, unless the person is unconscious or injured and requires immediate medical treatment as determined by a treating physician;
         d.   Eluding or attempting to elude a law enforcement officer;
         e.   Operating a motor vehicle without having been issued a valid driver license, or while the driving privilege and driver license is under suspension, revocation, denial or cancellation;
         f.   An arrest based upon an outstanding warrant;
         g.   A traffic violation coupled with any offense stated in subsections A4a through A4f of this section;
         h.   An overweight violation, or the violation of a special permit exceeding the authorized permit weight; or
         i.   A violation relating to the transportation of hazardous materials.
   B.   Duties Of Arresting Officer:
      1.   If the arrested person is eligible for release on personal recognizance as provided for in subsection A of this section, then the arresting officer shall:
         a.   Designate the traffic charge;
         b.   Record information from the arrested person's driver's license on the citation form, including the name, address, date of birth, personal description, type of driver's license, driver's license number, issuing state, and expiration date;
         c.   Record the motor vehicle make, model and tag information;
         d.   Record the arraignment date and time on the citation; and
         e.   Permit the arrested person to sign a written promise to appear as provided for in the citation.
      2.   The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested person's driving privilege and driver's license in this state, or in the nonresident's home state pursuant to the nonresident violator compact.
   C.   Arraignment Continued Or Rescheduled: The court, or the court clerk as directed by the court, may continue or reschedule the date and time of arraignment upon request of the arrested person or his attorney. If the arraignment is continued or rescheduled, the arrested person shall remain on personal recognizance and written promise to appear until such arraignment, in the same manner and with the same consequences as if the continued or rescheduled arraignment were entered on the citation by the arresting officer and signed by the defendant. An arraignment may be continued or rescheduled more than one time; provided, however, the court shall require an arraignment to be had within a reasonable time. It shall remain the duty of the defendant to appear for arraignment unless the citation is satisfied as provided for in subsection D of this section. Procedures for arraignment, continuances and scheduling, timely appearances, pleas of guilty or nolo contendere, posting bail, payment of fines and costs, issuance of arrest warrants, and requests for suspension of driver's license, shall be required by the city or as provided in state law, 22 Oklahoma Statutes sections 1115.1 through 1115.5.
   D.   Entering Plea; Payment Of Fine: A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or on a legible copy thereof, together with the date of the plea and his signature. The defendant shall be responsible for assuring full payment of the fine and costs to the court clerk. Payment of the fine and costs may be made by personal, cashier's, traveler's, certified or guaranteed bank check, postal or commercial money order, or other form of payment approved by the court in the amount prescribed as bail for the offense. However, the defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this subsection, such plea shall be accepted by the court and the amount of the fine and costs shall be as prescribed by ordinance for the violation charged or as prescribed by the court or, in the absence of such ordinance, in the amount prescribed by the court.
   E.   Failure To Respond; Issuance Of Warrant:
      1.   If, pursuant to the provisions of subsection D of this section, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the court may issue a warrant for the arrest of the defendant and the city or district court clerk, within one hundred twenty (120) calendar days from the date the citation was issued by the arresting officer, shall notify the state department of public safety that:
         a.   The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided for in the citation;
         b.   The defendant has failed to appear for arraignment without good cause shown;
         c.   The defendant has not posted bail, paid a fine, or made any other arrangement with the court to satisfy the citation; and
         d.   The citation has not been satisfied as provided by law.
      2.   The court clerk shall request the state department of public safety to either suspend the defendant's driving privilege and driver's license to operate a motor vehicle in this state, or notify the defendant's home state and request suspension of the defendant's driving privilege and driver's license in accordance with the provisions of the nonresident violator compact. Such notice and request shall be on a form approved or furnished by the state department of public safety. The court clerk shall not process the notification and request provided for in this subsection if, with respect to such charges:
         a.   The defendant was arraigned, posted bail, paid a fine, was jailed, or otherwise settled the case;
         b.   The defendant was not released upon personal recognizance upon a signed written promise to appear as provided for in this section or if released, was not permitted to remain on such personal recognizance for arraignment;
         c.   The violation relates to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; or
         d.   A period of one hundred twenty (120) calendar days or more has elapsed from the date the citation was issued by the arresting officer.
   F.   Record Of Actions In Court: The court clerk shall maintain a record of each request for driving privilege and driver's license suspension submitted to the state department of public safety pursuant to the provisions of this section. When the court or court clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the court clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation or at such other address as is furnished by the defendant. Additionally, the court or court clerk shall notify the home jurisdiction of the defendant as listed on the citation, if such jurisdiction is a member of the nonresident violator compact, and shall in all other cases, notify the state department of public safety of the resolution of the case. The form of proof and the procedures for notification shall be approved by the state department of public safety. Provided however, the court or court clerk's failure to furnish such proof or notice in the manner provided for in this subsection shall in no event create any civil liability upon the court, the court clerk, the state or any political subdivision thereof, or any state department or agency or any employee thereof but duplicate proof shall be furnished to the person entitled thereto upon request. (2000 Code § 6-125; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
 
6-1-17: BOND FORFEITURE; DISTRICT COURT:
   A.   Forfeiture Of Bond: If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of his bond, either for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court or before the magistrate may be lawfully required, the judge may direct that fact to be entered upon the court minutes, thereby declaring the bond to be forfeited. Without advancing court costs, the judge shall then cause the forfeiture to be certified to the district court of the county where situs of the city government is situated, where it shall be entered upon the judgment docket and shall have the full force and effect of a district court judgment. At such time as the forfeiture is entered upon the district court judgment docket, the district court clerk shall proceed in accordance with the provisions of 59 Oklahoma Statutes sections 1332, 1333 and 1335, and a surety shall have all remedies available under the provisions of 22 Oklahoma Statutes section 1108, and 59 Oklahoma Statutes sections 1301 through 1340. Court costs shall be collectible from the proceeds of the bond.
   B.   Prosecution: A prosecution in a court provided for herein shall be a bar to prosecution in another court for the same or a lesser included offense. (2000 Code § 6-126; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
 
6-1-18: ARRAIGNMENT AND PLEADINGS BY DEFENDANT:
Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the attorney of the city, shall read the complaint to the defendant, inform him of his legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him whether he pleads guilty or not guilty. If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition. If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date. (2000 Code § 6-127)
 
6-1-19: TRIALS AND JUDGMENTS:
   A.   Postponement: Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
   B.   Presence Of Defendant: The defendant must be present in person at the trial.
   C.   Procedure: In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal courts, or by rules duly promulgated by the supreme court of Oklahoma, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective.
   D.   Immediate Judgment Rendered: At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.
   E.   Acquittal: If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.
   F.   Imposition Of Fine:
      1.   A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied at the rate of one day imprisonment for each five dollars ($5.00) of fine. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court of the county wherein the situs of government is situated where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
      2.   Any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the city, subject to the direction of the proper officer, at a rate per day as the city council may prescribe by ordinance, but not less than twenty five dollars ($25.00) per day for useful labor, until the fine or costs are satisfied. (2000 Code § 6-128; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
6-1-20: TRIAL BY JURY OR WAIVER:
   A.   Trial By Jury Or Court: In all prosecutions in the municipal court for any offense for which the municipality, with the concurrence of the court, seeks imposition of a fine of more than five hundred dollars ($500.00), excluding court costs, or imprisonment, or both such fine and imprisonment, a jury trial shall be had unless waived by the defendant and the municipality. In prosecutions for all other offenses, or in cases wherein a jury trial is waived by the defendant and the municipality, trial shall be to the court. (Ord. 1102, 7-14-2009)
   B.   Decision Of Defendant: At arraignment, the defendant shall be asked whether he or she demands or waives trial by jury. The defendant's election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case. Once a defendant voluntarily waives his or her right to jury trial, said right may not be reclaimed unless agreed to by the parties. An election demanding jury trial may be mutually withdrawn at any time prior to the commencement of the proceedings. However, any costs incurred to impanel the jury will be assessed against the defendant. (Ord. 1038, 9-12-2006)
 
6-1-21: JURORS AND JURY TRIAL PROCEDURES:
   A.   Request For Jury List: Whenever a calendar has been made up for the trial of cases by jury, the judge shall request, in writing, the presiding judge of the district court for this judicial district to cause the names of a stated number of jurors, deemed sufficient to dispose of the cases on the calendar, to be drawn from the jury wheel in accordance with the governing statutes of the state, and to be certified by the clerk of the district court to the judge of the municipal court. The request shall be made in time for the list to be certified and the jurors to be summoned legally before the trial of the calendar begins. If it is anticipated that the completion of the calendar will require more than two (2) weeks, the request for jurors shall specify the number required for each two (2) week period, as provided by law for the drawing of jurors for the district court. Additional drawing of other names also may be requested by the judge, when necessary, in accordance with the law for such additional drawings in the district court. If, in the future, provisions of the law respecting the drawing of jury lists for the district court are changed, the judge shall take such steps, in requesting jury lists for the court, as are necessary to comply with the state law. (2000 Code § 6-130)
   B.   Summons Of Jurors; Form: Upon receipt of the jury list, the clerk of the court shall cause a summons in such form as determined by the municipal court to be issued and served upon each person on the list:
      STATE OF OKLAHOMA   )
                  ) SS:
      COUNTY OF SEMINOLE   )
TO                     , GREETING: you hereby are summoned to appear in the Municipal Court for the City of Seminole, Oklahoma, to be held at                 on the       day of         , 20    , at the hour of         o'clock   .M., to serve as a juror in said court, and to continue in such service until discharged by the court.
Hereof fail not, under penalty of law.
Issued under the authority of said court, this       day of           , 20    .
Clerk of the Municipal Court of the City of Seminole, Oklahoma
   (Seal)
(2000 Code § 6-130; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
   C.   Service Of Summons: Service shall be made, as the judge may prescribe by rule or direct by order, either in person upon the juror by the chief of police or by any member of the police force of the city, or by the clerk of the court, through certified mail, directed to the juror at his address as given in the jury list with request for a personally signed return receipt. In any proceeding wherein service of summons by mail is in issue, evidence of the due mailing of the summons by the clerk or a member of his staff and the presentation of an official postal return receipt purportedly signed by the addressee shall be prima facie evidence that the summons was duly received by the addressee and therefore, that he was properly served therewith.
   D.   Composition; Qualifications: A jury in the court shall consist of six (6) jurors, good and lawful men or women, citizens of the county of Seminole, possessing the qualifications of jurors in district court.
   E.   Duties Of Jurors: After the jurors are sworn, they must sit together and hear the proofs and oral arguments of the parties, which must be delivered in public and in the presence of the defendant.
   F.   Rendition Of Verdict: A verdict of the jury may be rendered by the vote of five (5) jurors.
   G.   Duties Of Judge: In all actions tried before a jury, the judge shall determine all questions of law, including questions as to the introduction of evidence arising during the trial. He also shall instruct the jury as to the law.
   H.   Delivery Of Verdict: The verdict of the jury, in all cases, must be general. When the jury has arrived at its verdict, it must deliver the verdict publicly to the court. The judge must enter the verdict in the docket or cause it to be so entered.
   I.   Discharge Of Jury: The jury must not be discharged after the cause is submitted to it until a verdict is rendered, unless the judge, for good cause, discharges it sooner, in which event the court may proceed again to trial, and so on, until a verdict is rendered. (2000 Code § 6-130)
 
6-1-22: WITNESS FEES:
   A.   Fees Allowed: Witnesses in any proceeding in the court, other than the police officers or peace officers, shall be entitled to a fee as set by the court for each day of attendance. However, no witness shall receive fees in more than one case for the same period of time.
   B.   Deposit Required; Exception For Indigents:
      1.   Deposit Required: A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned.
      2.   Indigents:
         a.   However, such deposit shall not be required from an indigent defendant who files an affidavit setting out:
            (1) The names of no more than three (3) witnesses;
            (2) That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
            (3) That the testimony of the witnesses is material; and
            (4) That their attendance at the trial is necessary for his proper defense.
         b.   The fees of such witnesses shall be paid by the city and may be recovered as costs as provided in this chapter. (2000 Code § 6-131)
6-1-23: COMPENSATION OF JURORS:
Each juror sworn before the court shall receive for his services the sum of five dollars ($5.00). Each juror, for attendance in the court, shall be paid five dollars ($5.00) for each additional day of attendance as a juror. Mileage will be paid at the current rate as established by the internal revenue service. All jury fees shall be taxed as costs in the case. (2000 Code § 6-132; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
 
6-1-24: SENTENCING:
   A.   The judge may suspend, modify, defer or reduce a sentence in accordance with 11 Oklahoma Statutes sections 27-122.1 and 27-123.
   B.   A judge who is licensed to practice law in this state, in imposing a judgment and sentence, at his discretion, is empowered to modify, reduce, or suspend or defer the imposition of such sentence or any part thereof and to authorize probation for a period not to exceed six (6) months from the date of sentence, under such terms or conditions as the judge may specify. Procedures relating to suspension of the judgment or costs or both shall be as provided in 11 Oklahoma Statutes section 27-123. Upon completion of the probation term, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or pleas of guilty shall be expunged from the record and the charge dismissed with prejudice to any further action. Upon a finding of the court that the conditions of probation have been violated, the municipal judge may enter a judgment of guilty. The judge may continue or delay imposing a judgment and sentence for a period of time not to exceed six (6) months from the date of sentence. At the expiration of such period of time, the judge may allow the city attorney to amend the charge to a lesser offense. If a deferred sentence is imposed, an administrative fee of not to exceed two hundred dollars ($200.00) may be imposed as costs in the case. (Ord. 934, 12-14-2000)
 
6-1-25: COMPLAINT; FAILURE TO APPEAR; COURT COSTS:
Any person, firm or corporation who files a complaint in the municipal court against another person or persons, and fails to appear to prosecute or testify on the complaint so filed, or moves to dismiss the same without court approval, is liable for and shall be assessed and pay all court costs incurred in the filing of the complaint, not to exceed the sum of ten dollars ($10.00). (2000 Code § 6-134)
 
6-1-26: JUDGMENT:
   A.   Rendered Immediately: At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket. (2000 Code § 6-135)
   B.   Acquittal; Immediate Discharge: If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once. (2000 Code § 6-136)
 
6-1-27: IMPRISONMENT; WORK BY PRISONERS:
   A.   Judgment Of Imprisonment: If, after conviction, judgment of imprisonment is entered, a copy thereof certified by the clerk, shall be delivered to the chief of police, the sheriff of the county or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence.
   B.   Prisoners Compelled To Work: All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings, or other public premises or property. For each day of such work, the prisoner shall be credited for serving two (2) days of imprisonment under his sentence.
   C.   Supervision Of Work: The chief of police, subject to the direction of the city manager, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed, himself, or by some person designated by him, shall oversee the work. If a guard is necessary, the chief of police shall make provision therefor. (2000 Code § 6-137)
 
6-1-28: COSTS AND ADMINISTRATIVE FEES 2 :
   A.   If judgment of conviction is entered, the clerk of the court shall tax the costs to the defendant, which costs shall not exceed thirty dollars ($30.00) plus the fees and mileage of witnesses. (Ord. 1102, 7-14-2009)
   B.   If a deferred sentence is imposed for a nontraffic related violation, an administrative fee not to exceed five hundred dollars ($500.00) may be imposed as costs in the case, in addition to any deferral fee authorized by law.
   C.   Costs of incarceration may be assessed by the court at time of sentencing as authorized by state law. In addition, the court may assess the costs of any medical treatment, to include transportation expenses associated with medical treatment.
   D.   The court may impose an assessment not to exceed two hundred dollars ($200.00) for any warrant issued for failure to appear or failure to pay fines and costs previously ordered by the court.
   E.   Upon initial filing of any bond or security for a subsequent court appearance, the municipal court clerk shall charge a fee of thirty five dollars ($35.00) which shall be assessed to the defendant as an additional court cost. (Ord. 1038, 9-12-2006)
6-1-29: PENALTY ASSESSMENT:
   A.   Penalty Assessment: Any person convicted of an offense punishable by a fine of ten dollars ($10.00) or more or by incarceration, excluding parking and standing violations, or any person forfeiting bond when charged with such an offense, shall be ordered by the court to pay nine dollars ($9.00) as a separate penalty assessment, which shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense. The court shall provide for separate bail for the penalty assessment. A defendant admitted to bail on an undertaking by a surety may include the amount of the penalty assessment in the undertaking.
   B.   Administrative Fee: Upon conviction or bond forfeiture, the court shall collect the penalty assessment and deposit it in an account created for that purpose. As an administrative fee for handling funds collected as a penalty assessment, the court is authorized to retain two percent (2%) of such monies and may also retain all interest accrued thereon prior to the due date for deposits as provided in this subsection. The remainder of such monies shall be forwarded monthly by the court clerk to the state treasury. Deposits shall be due for each month by the fifteenth day of the following month. (2000 Code § 6-139; amd. Ord. 1066, 1-8-2008, eff. 2-7-2008)
   C.   Fingerprinting Fee: Any person convicted of any offense punishable by a fine of ten dollars ($10.00) or more or by incarceration, excluding parking and standing violations, or any person forfeiting bond when charged with such offense shall be ordered by the court to pay a fingerprinting fee in an amount designated by state law for each offense. The fee shall be in addition to and not in substitution of the amount for state law enforcement officer training fund.
   D.   Convicted Defined: As used in this section, "convicted" means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment. (2000 Code § 6-139)

 

Notes

1
1. 75 OS §§ 309-317.
2
1. Fines over $500.00 determined by jury trial unless waived, 11 OS § 27-119; court costs, 11 OS § 27-129; defendant liable for costs of medical care, 11 OS § 14-113; administrative fee not to exceed $500.00 may be imposed on deferred sentences, 11 OS § 27-122.1; costs of incarceration a debt of inmate, 22 OS § 979a; bond or security filing fee taxed to the defendant, 28 OS § .