§ 11-27-104. Judges.

A.  The number of judges for each municipal court shall be determined by the governing body of the municipality where the court is established.  The judge of each municipal court shall be appointed by the mayor of the municipality where the court is established, with the consent of the municipal governing body.  The judge of any municipal court shall be licensed to practice law in Oklahoma, except as provided for in subsections B and C of this section.  He shall serve for a term of two (2) years, said term expiring on a date fixed by ordinance, and until his successor is appointed and qualified, unless removed by the vote of a majority of all members of the governing body for such cause as is provided for by law for the removal of public officers.  Any appointment to fill a vacancy shall be for the unexpired term.  Except in cities with a population of more than two hundred thousand (200,000), nothing in the provisions of this section shall be construed to prevent the judge from engaging in the practice of law in any other court during his tenure of office.  The judge shall be paid a salary to be fixed by the municipal governing body.  He shall be paid in the same manner as other municipal officials.

B.  In any municipality with a population of less than seven thousand five hundred (7,500), the mayor, with the consent of the governing body of the municipality, may appoint as judge:

1.  An attorney licensed to practice law in Oklahoma, who resides in the county in which the municipality is located or in an adjacent county; or

2.  An attorney licensed to practice law in Oklahoma who maintains a permanent office in the municipality; or

3.  Any suitable person who resides in the county in which the municipality is located or in an adjacent county.

C.  In any municipality with a population of seven thousand five hundred (7,500) or more, if no attorney licensed to practice law in Oklahoma resides in the county or in an adjacent county in which the municipality is located, who is at the time of appointment willing to accept the appointment as judge, the mayor, with the consent of the governing body of the municipality, may appoint any suitable and proper person as judge.

D.  If the judge of the municipal court is not a licensed attorney and has not complied with the education requirements pursuant to subsection F of this section and the education requirements pursuant to Section 18-101 of Title 47 of the Oklahoma Statutes, the 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.

E.  If the judge of the municipal court is not a licensed attorney but has complied with the education requirements of subsection F of this section and the education requirements pursuant to Section 18-101 of Title 47 of the Oklahoma Statutes, the maximum fine that may be imposed shall be Five Hundred Dollars ($500.00).

F.  In order to impose the fine authorized by subsection E of this section, a nonlawyer judge must, within a period not to exceed the preceding reporting period in this state for mandatory continuing legal education, complete courses held for municipal judges which have been approved by the Oklahoma Bar Association Mandatory Legal Education Commission for at least six (6) hours of continuing education credit.  Verification may be made by a statement of attendance signed by the course registration personnel.

Added by Laws 1977, c. 256, § 27-104, eff. July 1, 1978.  Amended by Laws 1982, c. 157, § 2; Laws 1983, c. 293, § 2, operative Oct. 1, 1983; Laws 1984, c. 32, § 1, eff. Nov. 1, 1984; Laws 1996, c. 245, § 1, eff. Nov. 1, 1996; Laws 2004, c. 173, § 2, eff. Nov. 1, 2004; Laws 2005, c. 386, § 2, eff. Nov. 1, 2005.