PART 6 - COURT

Section 6-101 Organization of municipal court.

Section 6-102 Definitions

Section 6-103 Jurisdiction of court.

Section 6-104 Judge; qualifications

Section 6-105 Term of judge.

Section 6-106 Alternate judge.

Section 6-107 Acting judge

Section 6-108 Appointment of judge and alternate judge

Section 6-109 Salary and payments to judges

Section 6-110 Removal of judge

Section 6-111 Vacancy in office of judge

Section 6-112 Disqualification of judge

Section 6-113 Chief of police

Section 6-114 Clerk of the court; duties

Section 6-115 Prosecuting attorney; duties; conflict of interest

Section 6-116 Bond of judge and court clerk

Section 6-117 Rules of court

Section 6-118 Enforcement of rules

Section 6-119 Written complaints to prosecute ordinance violations

Section 6-120 Traffic ordinance violations; procedures for issuing citation; custody,

Arrest

Section 6-121 Creation of traffic violations bureau

Section 6-122 Summons for arrest

Section 6-123 Form of arrest warrant

Section 6-124 Procedures for bail or bond

Section 6-125 Deposit of driver’s license as bail for traffic violations

Section 6-126 Bond forfeiture; district court

Section 6-127 Arraignment and pleadings by defendant

Section 6-128 Trials and judgments

Section 6-129 Probation; alternative procedures prior to judgment of guilt

Section 6-130 Trial by jury and waiver

Section 6-131 Jurors and jury trial procedures

Section 6-132 Witness fees

Section 6-133 Compensation of jurors

Section 6-134 Suspension of sentence, proceedings

Section 6-135 Complaint; failure to appear; court costs

Section 6-136 Imprisonment, work by prisoners

Section 6-137 Fines and costs

CHAPTER 2 - (RESERVED)

Section 6-101 Organization of municipal court.

Section 6-102 Definitions

Section 6-103 Jurisdiction of court.

Section 6-104 Judge; qualifications

Section 6-105 Term of judge.

Section 6-106 Alternate judge.

Section 6-107 Acting judge

Section 6-108 Appointment of judge and alternate judge

Section 6-109 Salary and payments to judges

Section 6-110 Removal of judge

Section 6-111 Vacancy in office of judge

Section 6-112 Disqualification of judge

Section 6-113 Chief of police

Section 6-114 Clerk of the court; duties

Section 6-115 Prosecuting attorney; duties; conflict of interest

Section 6-116 Bond of judge and court clerk

Section 6-117 Rules of court

Section 6-118 Enforcement of rules

Section 6-119 Written complaints to prosecute ordinance violations

Section 6-120 Traffic ordinance violations; procedures for issuing citation; custody,

Arrest

Section 6-121 Creation of traffic violations bureau

Section 6-122 Summons for arrest

Section 6-123 Form of arrest warrant

Section 6-124 Procedures for bail or bond

Section 6-125 Deposit of driver’s license as bail for traffic violations

Section 6-126 Bond forfeiture; district court

Section 6-127 Arraignment and pleadings by defendant

Section 6-128 Trials and judgments

Section 6-129 Probation; alternative procedures prior to judgment of guilt

Section 6-130 Trial by jury and waiver

Section 6-131 Jurors and jury trial procedures

Section 6-132 Witness fees

Section 6-133 Compensation of jurors

Section 6-134 Suspension of sentence, proceedings

Section 6-135 Complaint; failure to appear; court costs

Section 6-136 Imprisonment, work by prisoners

Section 6-137 Fines and costs

This chapter shall govern the organization and operation of the criminal court of the City of Duncan, as put into operation by resolution duly passed on the 28^th day of January, 1969, and filed in accordance with law as authorized by Sections 27-101 and 27-102 of title II of the Oklahoma Statutes. To the extent of conflict between any provisions of this chapter and the provisions of any ordinance of the city, the provisions of this chapter shall control. The court shall be operative on and after the 12^th day of February, 1969. (Prior Code, Sec. 12-1)

State Law Reference: Municipal courts not of record, organization, rules and procedures, II O.S. Sections 27-101 to 27-131.

As used in this chapter, unless the context requires a different meaning, the following words shall have the meanings ascribed to them in this section:

1. "Court" means the criminal court of the City of Duncan;

2. "Judge" means the judge of the criminal court, including any acting judge or alternate judge thereof as provided for the by the statutes of this state and this chapter;

3. "Clerk" means the clerk of this city, including any deputy or member of the office staff of the clerk while performing duties of the clerk’s office;

4. "Chief of police" means the peace officer in charge of the police force of the city; and

5. "This judicial district" means the district court judicial district of the State of Oklahoma wherein the government of this city is situated.

(Prior Code, Sec. 12-2)

The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of this city is charged, including any such prosecutions transferred to the court in accordance with applicable law. (Prior Code, Sec. 12-3)

There shall be one judge of the court. A judge shall be duly licensed to practice law in this state. He may engage in the practice of law in other courts, but he shall not accept 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 this city. (Prior Code, Sec. 12-4)

The official term of the judge shall be two (2) years expiring on the first Monday of May, in each odd-numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified. The judge of the municipal court existing in this city as of February 12, 1969, shall act as judge of the court herein provided for until a judge is appointed and qualified under the terms of this chapter. (Prior Code, 12-5)

There shall be appointed for each judge of the court an alternate judge possessed of the same qualifications as the 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:

1. Absent from the court;

2. Unable to act as judge; or

3. Disqualified from acting as judge in the case

(Prior Code, Sec. 12-6)

If at any time there is no judge or alternate judge, duly appointed and qualified, available to sit as judge, the city manager 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. (Prior Code, Sec 12-7)

Judges and alternate judges shall be appointed by the city manager. (Prior Code, Sec. 12-8)

A. A judge, other than an alternate judge or an acting judge, shall receive a salary as set by the city council by motion or resolution.

B. An alternate judge or an acting judge shall be paid an amount as set by the city council for each day devoted to the performance of his duties, except that the total payments so calculated during any month shall not exceed the salary of the judge in whose stead he sits. An alternate or acting judge who sits for an entire month shall receive the amount specified in this chapter as the salary of the judge in whose stead he sits. (Prior Code, Sec. 12-9)

A. Judges shall be subject to removal from office by the city council in accordance with the charter, city manager in accordance with applicable personnel procedures, or a judge may be removed for the causes prescribed by the constitution and laws of this state for the removal of public officers

B. Proceedings for removal pursuant to causes prescribed by the constitution and laws of the state for removal of public officers shall be instituted by the filing of a verified written petition setting forth facts sufficient to constitute on or more legal grounds for removal. Petitions may be signed and filed by:

1. The mayor; or

2. Twenty-five (25) or more qualified electors of this city. Verification of the number of qualifications of electors shall be executed by one or more of the petitioners.

The city council 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 to:

1. Representation by counsel;

2. To present testimony and to cross-examine the witness against him; and

3. Have all evidence against him presented in open hearing.

So far as they can be applicable, the provisions of the Oklahoma Administrative Procedures Act governing individual proceedings (Sections 309 to 317 of Title 75 of the Oklahoma Statutes as amended) shall govern removal proceedings hereunder. Judgment of removal shall be entered only upon individual votes, by a majority of all members of the city council, in favor of such removal. (Prior Code, Sec. 12-10)

A vacancy in the office of judge shall occur if the incumbent:

1. Dies;

2. Resigns;

3. Ceases to possess the qualifications for the office; or

4. Is removed, and the removal proceedings have been affirmed finally in judicial proceedings or are no longer subject to judicial review.

Upon the occurrence of a vacancy in the office of judge, the city manager shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made. (Prior Code, Sec. 12-11)

In prosecutions before the court no change on venue shall be allowed; but the judge before whom the case is pending may certify his disqualification or he may be disqualified from sitting under the terms, conditions and procedure provided by law for courts of record. If a judge is disqualified, the matter shall be heard by an alternate or acting judge appointed as provided in this chapter. (Prior Code, Sec. 12-12)

All writs or process of the court shall be directed, in his official title, to the chief of police of this city, who shall be the principal officer of the court. (Prior Code, Sec.12-13)

The city clerk, or a deputy designated by him, shall be the clerk of the court. He shall assist the judge in recording the proceedings of the court and in preparing writs, processes and other papers. He shall administer oaths required in proceedings before the court. He shall enter all pleadings, processed, and proceedings in the dockets of the court. He shall perform such other clerical duties relating to the proceedings of the court as the judge shall direct. He shall receive and receipt for forfeitures, fines, deposits, and sums of money payable to the court. He shall pay to the treasurer of this city all money so received by him, except such special deposits of fees as shall be received to be disbursed by him for special purposes. All money paid to the treasurer Shall be placed in the general fund of the city, or in such other funds as the city council may direct, and it shall be used in the operation of the municipal government in accordance with budgetary arrangements governing the fund in which it is placed. (Prior Code, Sec. 12-14)

The attorney for this city, or his duly designated assistant, shall be the prosecuting officer of the court. He shall also prosecute all alleged violations of the ordinances of the city. He shall be authorized, in his discretion, to prosecute and resist appeal, proceedings in error and review from this court to any other court of the state, and to represent this city in all proceedings arising out of matters in this court. (Prior Code, Sec. 12-15)

The clerk of the court shall give bond, in the form provided by Section 27-111 of Title 11 of the Oklahoma Statutes. When executed, the bond shall be submitted to the city council for approval. When approved, it shall be filed with the clerk of this city and retained in the municipal archives. (Prior Code, Sec. 12-16)

The judge may prescribe rules, consistent with the laws of the state and with the ordinances of this city for the proper conduct of the business of the court. (Prior Code, Sec. 12-17)

Obedience to the orders, rules and judgments made by the judge or by the court may be enforced by the judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state. (Prior Code, Sec. 12-18)

All prosecutions for violations of ordinances of this city shall be styled "The City of Duncan vs. (naming defendant or defendants)". Except as provided hereinafter, prosecution shall be initiated by the filing of a written complaint, subscribed and verified by the person making complaint, and setting forth concisely the offense charged. A complaint may be amended in matter of substance or form at any time before the defendant pleads, without leave, and may be amended after plea on order of the court where the same can be done without material prejudice to the right of the defendant; no amendment shall cause any delay of the trial, unless for good cause shown by affidavit. (Prior Code, Sec. 12-19)

A. If a police officer observes facts which he believes constitute a violation of the traffic ordinances of this city, committed by a resident or nonresident thereof, in lieu of arresting such a person, he may take his name, address, operator’s license number, and registered license number of the motor vehicle involved and any other pertinent and necessary information and may issue him in writing in form prescribed by mayor or his duly designated delegate, a traffic citation embracing the above information, and also stating the traffic violation alleged to have occurred, and notifying him to answer to the charge against him at a time, not sooner than five (5) days thereafter, specified in the citation. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation to answer as specified, may release the person from custody. If the person to whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.

B. If the alleged traffic violation is committed by a nonresident or resident of this city, the police officer may:

1. Release the person after obtaining sufficient information as set out in Subsection A of this section pending his appearance on a day certain in court, as specified in the citation after the person:

a. Posts cash bail;

b. Deposits with the arresting officer a guaranteed arrest bond certificate; or

c. Deposits with the arresting officer a valid license to operate motor vehicle in exchange for a receipt therefore issued by the arresting officer as provided in Subsection 6-125 of this code.

Paragraph 1 of this section is not applicable in the case of any person arrested for driving under the influence of liquor or drugs, being in actual physical control of a motor vehicle while under the influence of liquor or drugs, leaving the scene of an accident, or driving under suspension or during revocation;

2. Take the person in custody and demand that bond for the offense charged be posted according to the provisions of this chapter; or

3. Take the person in custody under arrest. The arrested person either shall be taken immediately before the judge for further proceedings according to law or shall have bail fixed for his release in accordance with the provisions of this chapter. Upon providing bail as fixed, and upon giving his written promise to appear upon a day certain, as provided in Subsection A of this section, the person shall be released from custody.

C. If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, the police officer shall place on the vehicle, at a place reasonably likely to come to the notice of the operator, a citation conforming substantially to that prescribed in Subsections A or B of this section, with such variation as the circumstances require; the operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under Subsections A or B of this section. (Prior Code, Sec. 12-20 in part, 12-24)

A. A traffic violations bureau hereby is established as a division of the office of the clerk of the court, to be administered by the clerk, or by subordinates designated by him for that purpose. Persons who are cited for violation of one of the traffic regulatory ordinances of this city, other than:

1. A second traffic offense within a twelve month period;

2. A driver’s license offense; or

3. An offense punishable by a fine of more than One Hundred Dollars ($100.00) or by imprisonment,

may elect to pay a fine in the traffic violations bureau according to the schedule of fines to be determined by the court.

B. The court may adopt rules to carry into effect this section. Payment of a fine under this section shall constitute a final determination of cause against the defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this chapter and the ordinance violated by the defendant. (Ord. No. 1180, 9/28/82).

SECTION 6-122 SUMMONS FOR ARREST

A. Upon the filing of a complaint charging violation of any ordinance, the judge, unless he determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, he shall issue a summons, naming the person charged, specifying his address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a certain day, five (5) days (Sundays and holidays excepted) after the summons is served upon him, and including such other pertinent information as may be necessary.

B. The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided by this chapter. (Prior Code, Sec. 12-22)

A. Except as otherwise provided in the ordinances of this city, upon the filing of a complaint approved by the endorsement of the attorney of this city or by the judge, there shall be issued a warrant of arrest, in substantially the following form:

The City of Duncan to the Chief of Police of the City of Duncan, Oklahoma.

Complaint upon oath having this day been made by (naming complainant) that the offense of (naming the offense in particular by general terms) has been committed and accusing (name of defendant) thereof, you are commanded therefore forthwith to arrest the above named defendant and bring _______________________ before me, at Duncan, Oklahoma.

Witness my hand this _________ day of ___________, 20___.

________________________________

Judge of the Municipal Criminal Court

Duncan, Oklahoma

B. It is the duty of the chief of police, personally or through a duly constituted member of the police force of this city, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. (Ord. No. 1180, 9/28/82)

Any person arrested, or appearing without arrest in response to citation or summons for violation of a non traffic ordinance, at any time before trial, before or after arraignment, shall be eligible to be released upon giving bail for their appearance in an amount and upon conditions fixed by the judge, who shall prescribe appropriate rules of court for the receipt of bail. In case of arrests made at night or under other conditions or emergency or when the judge is not available, the rule shall authorize the chief of police, or his designated representative, to accept a temporary cash bond, not less than Ten Dollars ($10.00) nor more than the maximum monetary penalty provided by ordinance for such offense. (Prior Code, Sec. 12-24)

A. In accordance with Section 6-120 of this code, the defendant may deposit with the police officer a valid license to operate a motor vehicle in exchange for a receipt therefore issued by the police officer for bail upon arrest for certain traffic violations. The receipt issued by the police officer shall be recognized as an operator’s license and shall authorize the operation of a motor vehicle until the time and date of the hearing indicated on the receipt for traffic violation, but not to exceed twenty (20) days. The operator’s license and traffic citation shall be delivered by the police officer to the clerk of the municipal court.

B. Any person who applies for a duplicate license to operate a motor vehicle while his license is deposited in accordance with Subsection A of this section shall be fined up to One Hundred Dollars ($100.00) and court costs. Each such application shall constitute a separate violation. In order for the fine to be applicable to a violator applying for a duplicate license, notice of the provisions of the first and second sentences of Subsection B of this section shall be included in receipt issued pursuant to this section. The receipt for deposit of the driver’s license shall contain essentially the following notice:

"NOTICE"

"This receipt for deposit of a valid driver’s license to operate a motor vehicle constitutes a temporary operator’s license until your hearing date on ___________, but in no case shall this temporary license remain in effect more than twenty (20) days. Keep this receipt in your possession at all times while operating a motor vehicle."

"Application for a duplicate license to operate a motor vehicle while your license is deposited as bail is a crime punishable by a fine of up to One Hundred Dollars ($100.00) and court costs. Each such application constitutes a separate offense."

(Prior Code, Sec. 12-24)

A. If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of his bond, either for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court or before the magistrate may be lawfully required, the judge may direct that fact to be entered upon the court minutes, therby declaring the bond to be forfeited. Without advancing court costs, the judge shall then cause the forfeiture to be certified to the district court of the county where situs of the municipal government is situated, where it shall be entered upon the judgment docket and shall have the full force and effect of a district court judgment. At such time as the forfeiture is entered upon the district court judgment docket, the district court clerk shall proceed in accordance with the provisions of Sections 1330, 1332, 1333, 1335, of Title 59 of the Oklahoma Statutes, and surety shall have remedies available under the provisions of Section 1108 of Title 22 of the Oklahoma Statutes and Sections 1301 through 1340 of Title 59 of the Oklahoma Statutes. Courts costs shall be collectible from the proceeds of the bond.

B. A prosecution in a court provided for herein shall be a bar to prosecution in another court for the same or a lesser included offense.

Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the attorney of the city, shall read the complaint to the defendant, inform him of his legal rights, including the right to trial by jury, if available, and of the consequences of conviction, and ask him whether he pleads guilty or not guilty. If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition, and shall fix the penalty plus court costs. If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date. (Prior Code, Sec. 12-26; Ord. No. 1180, 9/28/82).

A. Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.

B. The defendant must be present in person at the trial

C. In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal criminal courts, or by rules duly promulgated by the Supreme Court of Oklahoma, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective

D. At the close of a trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.

E. If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.

A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied at the rate of one day imprisonment for each Five Dollars ($5.00) of fine. If the defendant is without means to pay the fine or costs, the municipal judge 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 the judgment as are available to any other judgment creditor. (Prior Code, Secs. 12-26 to 12-33; Ord. No. 1180, 9/28/82)

A. Upon a verdict or plea of guilty, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and place the defendant on probation under the supervision of the court upon conditions of probation prescribed by the court. Such conditions may include restitution when applicable.

B. Upon completion of the probation term, which shall not exceed six (6) months, the defendant shall be discharged without a court judgment of guilt and the verdict or plea of guilt shall be expunged from the record and the charge shall be dismissed with prejudice to any further action.

C. Upon violation of any of the conditions of probation, the court may enter a judgment of guilt. (Prior Code, Sec. 12-35)

A. In all prosecutions for violations of ordinances punishable by fine or 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 the city. If trial by jury is waived, trial shall be to the court.

B. At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case.

C. An election waiving jury trial, made at arraignment, may be changed by the defendant at any time prior to the day for which trial by the court is set; an election demanding jury trial may be changed at any time prior to the commencement of proceedings to impanel the jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be rechanged so as again to demand trial by jury. (Prior Code, Secs. 12-36 to 12-38; Ord. No. 1382, 10/24/95)

A. 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 tow (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.

B. 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 )

) SS:

COUNTY OF STEPHENS)

TO __________________________, GREETING: you hereby are summoned to appear in the Municipal Criminal Court for the City of Duncan, Oklahoma, to be held at ____________________on the ________day of ______________ 20 ____, at the hour of _______ o’clock ____.M., 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 Criminal Court

City of Duncan, Oklahoma

(Seal)

C. 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 this 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 return receipt. In any proceeding wherein service of summons by mail is in 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 and therefore, that he was properly served therewith.

D. A jury in the court shall consist of six (6) jurors, good and lawful men or women, citizens of the County of Stephens, possessing the qualifications of jurors in district court.

E. After the jurors are sworn, they must sit together and hear the proofs and oral arguments of the parties, which must be delivered in public and in the presence of the defendant.

F. A verdict of the jury may be rendered by the vote of five (5) jurors

G. In all actions tried before a jury, the judge shall determine all questions of law, including questions as to the introduction of evidence, arising during the trial. He also shall instruct the jury as to the law

H. The verdict of the jury, in all cases, must be general. When the jury has arrived at its verdict, it must deliver the verdict publicly to the court. The judge must enter the verdict in the docket or cause it to be so entered.

I. The jury must not be discharged after the cause is submitted to it until a verdict is rendered, unless the judge, for good cause, discharges it sooner, in which event the court may proceed again to trial, and so on, until a verdict is rendered. (Prior Code, Sec. 12-39)

Witnesses in any proceeding in the court other than the police officers or peace officers shall be entitled to a fee as set by the city council for each day of attendance. However, no witness shall receive fees in more than one case for the same period of time. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out;

1. The names of no more than three (3) witnesses;

2. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;

3. That the testimony of the witnesses is material; and

4. That their attendance at the trial is necessary for his proper defense

The fees of such witnesses shall be paid by the city and may be recovered as costs as provided in this chapter. (Prior Code, Sec. 12-31)

A. Jurors shall receive for their services such sum as authorized by the city council per day, plus mileage as set by the city council for each mile necessarily traveled by the most direct route in going to and from their respective places of residence.

B. The claims for such compensation shall show the location of the juror’s residence and the route the miles traveled and must be verified as other claims against the city are verified.

C. Jurors shall be paid out of the general funds of the city. (Prior Code, Sec. 12-47)

A. After conviction and sentence, the judge may suspend sentence, in accordance with the provisions of, and subject to the conditions and procedures imposed by Sections 27-123 and 27-124 of Title 11 of the Oklahoma Statutes

B. The municipal judge may, upon a verdict or plea of guilty, but before a judgment of guilt, without entering a judgment of guilt and with the consent of the defendant, suspend or defer further proceedings for a period of up to one year on such terms and conditions deemed appropriate. Upon a violation of the conditions of probation or suspension, the municipal judge may enter a judgment of guilt and proceed in accordance with this chapter. (Prior Code, Sec. 12-24)

Any person, firm or corporation who files a complaint in the municipal court against another person or persons, and fails to appear to prosecute or testify on the complaint so filed, or moves to dismiss the same without court approval, is liable for and shall be assessed and pay all court costs incurred in the filing of the complaint, not to exceed the maximum allowable under state law for such court costs

A. If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the clerk, shall be delivered to the chief of police, the sheriff of the county or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence

B. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings, or other public premises or property. For each day of such work, the prisoner shall be credited for serving two (2) days of imprisonment under his sentence

C. The chief of police, subject to the direction of the city manager, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed, himself, or by some person designated by him, therefore. (Prior Code, Sec. 12-49)

If judgment of conviction is entered, the clerk of the court shall tax the costs to the defendant, which costs shall not exceed the maximum allowable under state law for such costs, plus the fees of witnesses or jurors. The total amount of fine may not exceed the amount set out in Section 1-108 of this code.

State Law Reference: Fines over $100.00 determined by jury trial, 11 O.S. Section 27-119; court costs, 11 O.S. Section 27-129.