A. Filing Of Appeal; Notice; Bond:
1. An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court of Tulsa County or Osage County, within ten (10) days from the date of the final judgment, a notice of appeal and by filing a copy of the notice with the municipal court. In case of an appeal, a trial de novo shall be had, and there shall be a right to jury trial if the offense is punishable by a fine of more than five hundred dollars ($500.00), and costs. (1991 Code § 12-37; amd. 2011 Code)
2. Upon conviction, at the request of the defendant, or upon notice of appeal being filed, the judge of the municipal court shall enter an order on his docket fixing an amount in which bond may be given by the defendant, in cash or sureties for cash in an amount of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00); except that, if the conviction involved a fine only, the amount of the bond shall be no greater than twice the amount of such fine. Bond shall be taken by the clerk of the court wherein judgment was rendered. Any pledge of sureties must be approved by a judge of the court.
3. Upon appeal being filed, the judge shall, within ten (10) days thereafter, certify to the clerk of the appellate court the original papers in the case. If the papers have not been certified to the appellate court, the prosecuting attorney shall take the necessary steps to have the papers certified to the appellate court within twenty (20) days of the filing of the notice of appeal, and failure to do so, except for good cause shown, shall be grounds for dismissal of the charge by the appellate court, the cost to be taxed to the city. The certificate shall state whether or not the municipal judge hearing the case was a licensed attorney in Oklahoma.
4. All proceedings necessary to carry the judgment into effect shall be had in the appellate court. (1991 Code § 12-37)
B. Municipal Prosecutor To Defend Appeals From Municipal Court: Appeals to the district court shall be defended by the municipal prosecutor designated by the city council pursuant to section 1-11-4 of this chapter or, should no municipal prosecutor be designated, by the municipal attorney or his designated assistant.
C. Appeals From District Court: If an appeal is taken to the court of criminal appeals from the final judgment or order of a district court in an appeal from the final judgment of the municipal court, the same shall be defended by the attorney designated as municipal prosecutor or, should no municipal prosecutor be designated, by the municipal attorney or his designated assistant. (Ord. 92-09, 5-26-1992)