§ 32.37 ENFORCEMENT BY IMPRISONMENT; PERSONS UNABLE TO PAY.

   (A)   If a defendant who is financially able refuses or neglects to pay a fine or costs, or both, payment may be enforced by imprisonment, until the same shall be satisfied, at the rate of $25 per day.

   (B)   If the defendant is without means to pay the fine or costs, the Municipal Judge of the town may direct the total amount due to be entered upon the court minutes and to be certified to the District Court of the county wherein the situs of government is situated, where it shall be entered upon the District Court Judgment Docket and shall have the full force and effect of a District Court Judgment. Thereupon, the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.

(Prior Code, Ch. 12, Art. 2, § 31)

§ 32.38 SUSPENSION OF SENTENCE.

   After conviction and sentence of a defendant in the Municipal Court of the town, the Municipal Judge may suspend sentence in accordance with the provisions of, and subject to the conditions and procedures imposed by, applicable provisions of 11 O.S., as amended.

(Prior Code, Ch. 12, Art. 2, § 32)

§ 32.39 WITNESS FEES.

   (A)   Witnesses in any proceeding in the Municipal Court, other than police officers or peace officers, shall be entitled to $10 for each day of attendance, plus an amount equal to the then effective Internal Revenue Service-approved mileage reimbursement/deduction rate for miles actually and necessarily traveled in going to, and returning from, the place of attendance, if his, her, or their residence is more than five miles outside the corporate limits of the town. No witness shall receive fees or mileage in more than one case for the same period of time or the same travel.

   (B)   A defendant seeking to subpoena witnesses must deposit with the Clerk of the Court a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned; such deposit shall not be required from an indigent defendant who files an affidavit setting out:

      (1)   The names of no more than three witnesses;

      (2)   The defendant, by reason of poverty, is unable to provide fees and mileage allowed by law;

      (3)   The testimony of such witnesses is material; and

      (4)   His, her, or their attendance at the trial is necessary for proper defense.

   (C)   The fees of witnesses in such cases (division (B) above) shall be paid by the town.

(Prior Code, Ch. 12, Art. 2, § 33)