A. Appointment; Qualifications; Term; Compensation:
1. There shall be one judge for the municipal court. The judge of the municipal court shall be appointed by the mayor with the consent of the city council. (1991 Code § 12-4)
2. The judge of the municipal court shall be licensed to practice law in the state of Oklahoma. He shall serve for a term of two (2) years, said term expiring on the last day of the last month of odd numbered years, and until his successor is appointed and qualified, unless sooner removed by the vote of a majority of all members of the city council for such cause as is provided for by the law of the state of Oklahoma for the removal of public officers. Any appointment to fill a vacancy shall be for the unexpired term. Nothing in the provisions of this chapter shall be construed to prevent the judge from engaging in the practice of law in any other court during his tenure of office. The judge shall be paid in the same manner as other municipal officials. (1991 Code § 12-4; amd. 2011 Code)
3. 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 the county in which the city is located or in an adjacent county; or
b. An attorney licensed to practice law in Oklahoma, who maintains a permanent office in the city; or
c. In the event no person is willing to serve who meets the qualifications of subsection A3a or A3b of this section, any suitable person residing in the city or within twenty (20) miles of the boundaries of the city.
4. The mayor may be designated as judge of the municipal court upon approval by the city council.
5. In the event the population of the city shall, after the effective date hereof, equal or exceed seven thousand five hundred (7,500), the judge shall be licensed to practice law in the state of Oklahoma; provided, that in such case if no attorney licensed to practice law in Oklahoma resides in the county or in an adjacent county in which the city is located, who is at the time of appointment willing to accept the appointment as judge, the mayor, with the consent of the city council, may appoint any suitable and proper person as judge.
6. 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 of more than fifty dollars ($50.00) and may not order the defendant imprisoned except for the nonpayment of fines or costs, or both. (1991 Code § 12-4)
B. Change Of Venue Prohibited; Disqualification Of Judge: No change of venue shall be allowed from the municipal court, but the judge of the municipal court may be disqualified under the same terms and conditions as are now provided by law for courts of record, and in case of such disqualification, a special judge shall be appointed as provided in subsection A of this section. (1991 Code § 12-5)
C. Acting Or Alternate Judge; Compensation:
1. In the event of disqualification of the judge in a particular case, or his absence or inability to act, the mayor may appoint some person, qualified as provided in subsection A of this section, as acting municipal judge of the court in the place of the judge during his absence or inability to act or in a case wherein the judge is disqualified; or, in its discretion, the city council may hereafter by resolution designate an alternate judge of the court, in the same manner and for the same term as the judge and possessing the qualifications prescribed by subsection A of this section, who shall sit as acting judge of the court in case of the absence, inability or disqualification of the judge. However, if the office of alternate judge has not been created by resolution of the city council, a special judge shall, in such event, be selected. If both the judge and the alternate judge, if one has been designated, are unable to sit, the mayor may appoint an acting judge as provided in this section. The city council, by ordinance, shall provide for the compensation of an acting judge of the court. (1991 Code § 12-6)
2. An acting judge or alternate judge of the municipal court shall be paid the sum of one hundred fifty dollars ($150.00) for each day devoted to the performance of court duties, except that, for any month, the total payments so calculated for an acting judge and/or alternate judge shall not exceed the salary of the municipal judge. (Ord. 2010-01, 1-26-2010)
D. Vacancies In Office: Vacancies in the office of the judge of any municipal court shall be filled in the same manner as provided for the appointment of the judge in the first instance. (1991 Code § 12-7)