A. Appointment; Qualifications:
1. There shall be one judge of the court. A judge must be duly licensed to practice law in the state of Oklahoma, except as provided herein. He may engage in the practice of law in other courts, but he shall refrain from accepting 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 in which the city is located or in an adjacent county, or maintain a permanent office therein. Further, any suitable person residing in the city or within twenty (20) miles of the boundaries of the city who is not a licensed attorney may be appointed to serve as judge as provided by law, but any 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. (1986 Code § 12-4)
2. Judges and alternate judges shall be appointed by the mayor with the consent of the governing body. (1986 Code § 12-8)
B. Term Of Office: The official term of the judge shall be two (2) years, expiring on February 1 in each odd numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified. (1986 Code § 12-5)
C. Alternate Judge: There shall be appointed, for each judge of the court, an alternate judge, possessed of the same qualifications as a municipal 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 absent from the court, unable to act as judge or disqualified from acting as judge in the case. (1986 Code § 12-6)
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. (1986 Code § 12-7)
E. Salaries:
1. A judge, other than an alternate judge or an acting judge shall receive a monthly salary in such amount as the governing body shall determine, to be paid in the same manner as the salaries of other officials of the city.
2. An acting judge shall be paid the sum of ten dollars ($10.00) for each day devoted to the performance of this duty or such other amount as the governing body shall determine, except that, for any month, the total payments so calculated shall not exceed the salary of the judge in whose stead he sits. An acting judge who sits for an entire month shall receive the amount specified as the salary of the judge in whose stead he sits. (1986 Code § 12-9; amd. 2005 Code)
F. Removal:
1. 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. 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; in the latter event, verification may be executed by one or more of the petitioners. 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:
a. To representation by counsel;
b. To present testimony and to cross examine the witnesses against him; and
c. To have all evidence against him presented in open hearing.
2. So far as they can be made applicable, the provisions of the Oklahoma administrative procedure act governing individual proceedings (75 Oklahoma Statutes sections 309 through 317 and any amendments or additions thereto in effect at the time of the hearing) 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. (1986 Code § 12-10)
G. Vacancies:
1. A vacancy in the office of judge shall occur if the incumbent:
a. Dies; or
b. Resigns; or
c. Ceases to possess the qualifications for office; or
d. Is removed, and the removal procedure 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. (1986 Code § 12-11)
H. Prescribe Rules: 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. (1986 Code § 12-17)