A. Appointment; Term: There shall be one Judge of the Municipal Court, who shall be appointed by the City Manager. The official term of the Municipal Judge shall be two (2) years, expiring on May 15 in each odd numbered year. The Municipal Judge, unless sooner removed for proper cause, shall serve until a successor is appointed and qualified.
B. Qualifications: The Municipal Judge shall be at least thirty (30) years of age, a resident of the City (unless a licensed attorney), have a high school education (or the equivalent) and be of good moral character. A Judge who is a licensed attorney may engage in the practice of law in other courts, but shall not accept employment inconsistent with duties as a Municipal 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.
C. Compensation:
1. The Judge of the Municipal Court shall receive a salary, paid in the same manner as the salaries of other City employees. (2007 Code § 1-24)
2. The compensation of the Judge and the alternate or acting Judge of the Municipal Court shall be as determined by the City Manager. (2007 Code § 11-11)
D. Judge Not Licensed Attorney: 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 which exceeds the amount allowed by State Statute and may not order the defendant imprisoned, except for the nonpayment of fines or costs. See also section 1-10-21 of this chapter.
E. Prescribe Rules: The Municipal Judge may prescribe rules, consistent with the State Constitution and laws and this Code, for the proper conduct of the business of the Municipal Court.
F. Alternate Or Acting Judges: The City Manager may appoint an alternate Judge of the Municipal Court, possessed of the same qualifications as the Municipal Judge, as set out in subsection B of this section.
1. Said appointment shall be for the same term and made in the same manner as the Municipal Judge. The acting Judge shall sit in the Municipal Court in any case where the Municipal Judge is absent from the court, unable to act as Municipal Judge in a case.
2. If, at any time, there is not a Municipal Judge or alternate Judge, duly appointed and qualified, available to sit as Municipal Judge, the City Manager may appoint some person possessing the qualifications required by this chapter for the Municipal Judge, who shall preside as acting Judge over the Municipal Court in the disposition of pending matters, until such time as a Municipal Judge or alternate Judge shall be available.
3. An alternate Judge or an acting Judge shall be paid, as prescribed by the City Manager, for each day devoted to the performance of all duties, except that, for any month, the total payments so calculated shall not exceed the salary of the Municipal Judge. An alternate or acting Judge who sits for an entire month shall receive the amount specified by the City Commission as the salary of the Municipal Judge.
G. Removal; Vacancies:
1. Removal: Judges shall be subject to removal from office for the causes prescribed by the State Constitution and laws for removal from public offices. 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, so far as they can be made applicable.
2. Vacancy: A vacancy in the Office of Municipal Judge shall occur if the incumbent dies, resigns, ceases to possess the qualifications for the office, or is removed. Upon the occurrence of a vacancy in the Office of Municipal Judge, the City Manager shall appoint a successor to complete the unexpired term, using the same procedure as for an original appointment. (2007 Code § 1-24)
H. Change Of Venue; Disqualification Of Judge:
1. In prosecutions before the Municipal Court, no change of venue shall be allowed, but the Municipal Judge before whom the case is pending may certify a personal disqualification or may be disqualified from sitting, under the terms, conditions and procedures provided by law for courts of record.
2. If the Municipal Judge is disqualified, the matter shall be heard by an alternate or acting Judge, appointed as provided in this section. (2007 Code § 11-12)