A. Conditions For Trial; Waiver: In all prosecutions for violations of ordinances punishable by fine of more than two hundred dollars ($200.00), or by imprisonment, or by both fine and imprisonment, trial shall be by jury unless waived by the defendant and City. In prosecution for all other offenses, or in cases wherein a jury trial is waived, trial shall be to the court. (Ord. 3132, 7-18-2000; amd. 2005 Code)
B. Request For Jurors: 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. (1986 Code § 12-33)
C. Jury Summons:
1. Upon receipt of the jury list, the Clerk of the Court shall cause a summons substantially in the following form to be issued and served upon each person on the list:
STATE OF OKLAHOMA, COUNTY OF CRAIG, SS:
To (Name of juror) GREETING: You are hereby summoned to appear in the municipal court for the City of Vinita, Oklahoma, to be held at (specify the address, room number, etc.) on the day of , 20 , at the hour of (specify hour) 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 Vinita, Oklahoma
(Seal of Court)
(1986 Code § 12-34; amd. 2005 Code)
2. 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 receipt. In any proceeding wherein service of summons by mail is an 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. (1986 Code § 12-34)
D. Composition Of Jury: A jury in the court shall consist of six (6) jurors, good and lawful men or women, citizens of Craig County, possessing the qualifications of jurors in district court. (1986 Code § 12-35)
E. Vote Of Jury: A verdict of the jury may be rendered by the vote of five (5) jurors, except as otherwise provided by law. (1986 Code § 12-36)
F. Judicial Notice Of Statutes, Ordinances: The court shall take judicial notice of state statutes and the ordinances of the city. (1986 Code § 12-37)
G. Compensation Of Jurors: Jurors shall receive for their services the sum of twenty dollars ($20.00) per day, plus mileage at the rate of thirty six cents ($0.36) per mile for each mile necessarily traveled by the most direct route in going to and from the court from their respective places of residence. The claims for such compensation shall show the location of the juror's residence and the route and miles traveled, and must be verified as other claims against the city are verified. Jurors shall be paid out of the general funds of the city. (1986 Code § 12-38; amd. 2005 Code)