§ 32.01 ORGANIZATION OF MUNICIPAL COURT.

This chapter shall govern the organization and operation of the Municipal Court of the town, as put into operation by resolution, and duly passed and filed in accordance with law, as authorized by 11 O.S. §§ 27-101 and 27-102. To the extent of conflict between any provisions of this chapter and the provisions of any ordinance of the town, the provisions of this chapter shall control.

(Prior Code, § 6-101)

§ 32.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHIEF OF POLICE. The peace officer in charge of the police force of the municipality.

CLERK/TREASURER. The Clerk/Treasurer of the municipality, including any deputy or member of the office staff of the Clerk/Treasurer while performing duties of the Clerk/Treasurer’s office.

COURT. The Municipal Court of the Town of Talala, Oklahoma.

GOVERNING BODY. The Town Board of Trustees of the Town of Talala, Oklahoma.

JUDGE. The Judge of the Municipal Court, including any Acting Judge or Alternate Judge thereof as provided for by the statutes of the state and this chapter. MUNICIPALITY or THIS MUNICIPALITY. The Town of Talala, Oklahoma.

THIS JUDICIAL DISTRICT. The District Court judicial district of the state wherein the government of the municipality is situated.

(Prior Code, § 6-102)

§ 32.03 JURISDICTION OF COURT.

The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the municipality is charged, including any such prosecutions transferred to the court in accordance with applicable law.

(Prior Code, § 6-103)

§ 32.04 COURT MARSHAL.

All writs or process of the court shall be directed, in his or her official title, to the Chief of Police of the municipality, who shall be the principal officer of the Court.

(Prior Code, § 6-113)

§ 32.05 CLERK OF COURT; DUTIES.

The Town Clerk/Treasurer, or a designated deputy, shall be the Clerk of the Court. Duties of the Court Clerk shall include the following.

(A) Assisting the Municipal Judge in recording the proceedings of the Court and in preparing writs, processes, and other papers.

(B) Administering oaths required in proceedings before the Court.

(C) Entering all pleadings, processes, and proceedings in the dockets of the Court.

(D) Performing such other clerical duties relating to the proceedings of the Court as the Municipal Judge shall direct.

(E) Receiving and receipting for forfeitures, fees, deposits, and sums of money payable to the Court.

(F) Assuming responsibility for placing, or having placed, all money received (except such special deposits or fees as shall be received to be disbursed for special purposes), in the General Fund of the town, or in such other fund and in such manner as the Town Board may direct by motion or resolution.

(Ord. 2023-03, passed 8-25-2023)

§ 32.06 PROSECUTING ATTORNEY; DUTIES; CONFLICT OF INTEREST.

(A) The Attorney for the municipality, or his or her duly designated assistant, shall be the prosecuting officer of the Court. He or she shall also prosecute all alleged violations of the ordinances of the town.

(B) He or she shall be authorized, in his or her discretion, to prosecute and resist appeal, proceedings in error, and review from this Court to any other court of the state, and to represent the municipality in all proceedings arising out of matters in this Court.

(Prior Code, § 6-115)

§ 32.07 BOND OF CLERK.

(A) The Court Clerk shall give bond in the form provided by 11 O.S. § 27-111. When executed, the bond shall be submitted to the governing body for approval.

(B) When approved, it shall be filed with Clerk/Treasurer of the municipality and retained in the municipal archives.

(Prior Code, § 6-116)

§ 32.08 SUMMONS FOR ARREST.

(A) Upon the filing of a complaint charging violation of any ordinance, the Judge, unless he or she 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, shall issue a summons, naming the person charged, specifying his or her address or place of residence, if known, stating the offense with which he or she is charged, and giving him or her notice to answer the charge in the Court on a certain day as specified after the summons is served upon him or her, 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 or she fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his or her arrest, as provided by this chapter.

(Prior Code, § 6-122)

§ 32.09 IMPRISONMENT; WORK BY PRISONERS.

    (A) Court costs. Pursuant to 11 O.S. § 27-126, as amended, Court costs shall be no more than $30,
plus witness and mileage fees, per case and may be added to the fine. All funds collected shall be
deposited in the appropriate fund.

(B) Additional fees.

(1) Notwithstanding other costs allowed pursuant to this section and this code, the Municipal Court, at its discretion, may require that a person confined in the County Jail, both before or after conviction, upon conviction, or receiving a deferred sentence in lieu of a fine, pay the contract amount owed by the town to the County Sheriff’s office for the cost of incarceration of the individual.

(2) The Municipal Court, in its discretion, in addition to the contract amount paid to the County Sheriff’s Department for the incarceration of the individual convicted, may also assess additional cost associated with medical care, dental care, psychiatric services, or other costs expended for the health services provided to the municipal prisoner.

(3) (a) The cost of incarceration shall be paid by the inmate to the town and shall be collected by the Clerk of the Municipal Court.

(b) The Clerk of the Municipal Court shall then pay the monies collected to the Town Clerk/Treasurer for payments as required pursuant to 22 O.S. § 979a.

(4) A criminal justice and Municipal Court technology, training, and equipment fee shall be and is hereby established in the amount of $15. The fee shall be in addition to, and not in substitution for, any and all costs, fees, fines, assessments, or penalties otherwise provided for by law, and assessed on every citation disposed of in the Municipal Court except those that are voided, declined for prosecution, dismissed without costs, or the defendant is acquitted, or the fine is less than $25. Citations for which fees and costs are specifically limited by law shall also be excluded from assessment of said fee. The revenues generated by this fee shall be used solely and exclusively for the acquisition, operation, maintenance, repair, lease, and replacement of hardware, software, and equipment used in the operation, prosecution, and administration of the Municipal Court and criminal justice system of the town, which shall include, but is not limited to: computers, hardware, and software; audio, video, and other electronic technologies to assist with Municipal Court and criminal justice duties and proceedings; DigiTicket and/or other electronic ticketing technology lease funds and equipment; and ODIS (Offender Data Information System) software lease fees, equipment, and the maintenance of said Municipal Court electronics, including phone systems and hardware. All monies collected under this section shall be accounted for in a separate fund; unused monies shall carry over in full to the next fiscal year.

(5) In the event the Court grants a deferred sentence, there is hereby established an administrative deferral processing fee which shall be set by a resolution of the Town Board, or other such fee as allowed by law, which shall be in addition to and not in substitution for any and all fines, fees, penalties, and Court costs assessed and otherwise provided for by law for the offense. This deferral processing fee shall be assessed on every citation for which a deferred sentence is granted.

(C) Contract with collection agency for unpaid debts; fee.

(1) Town collection fee allowed. If the town has entered a contract with a collection agency pursuant to 11 O.S. § 22-138, the town is authorized to a collection fee in an amount not to exceed 35% on the following:

(a) Debts and accounts receivable including, but not limited to, unpaid fees, penalties, interest, and other sums due the town, as applicable; and

(b) Court penalties, costs, fines, and fees in cases in Municipal Court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the Court that have been referred by the town to the collection agency for collection.

(2) Court-ordered fee. If the town has entered into such a contract with a collection agency, and the collection fee is authorized as stated in this division (C), the Court shall order defendants to reimburse the fee arising pursuant to division (C)(1)(a) above, and such Court-ordered fee may be collected as provided by law for the collection of any other civil debt or criminal action.

(Ord. 2023-03, passed 8-25-2023)

§ 32.10 CREATION OF TRAFFIC VIOLATIONS BUREAU.

(A) There may be established a Traffic Violations Bureau for the town. The Judge may establish rules, consistent with the laws of the state and with the ordinances of the municipality, for the Traffic Violations Bureau.

(B) The Traffic Violations Bureau shall be staffed by Court personnel and be physically separate and apart from the Police Department.

(C) The Traffic Violations Bureau shall accept fines which may be paid in lieu of a Court appearance for such traffic offenses as may be designated by the Judge under the Court’s rules. The schedule of fines shall be adopted by the governing body from time to time by motion or resolution. A copy shall be kept in the Clerk/Treasurer’s office.

(D) Payment of any fine to the Traffic Violations Bureau shall be deemed a final determination of the cause against the defendant. In no event shall any such payment be introduced as evidence in any civil cause arising out of the offense charged.

(Prior Code, § 6-133)

§ 32.25 QUALIFICATIONS.

(A) (1) Except as otherwise provided in this code, there shall be one Judge of the Municipal Court. A Judge shall be an attorney licensed to practice law in the state.

(2) A Judge who is a licensed attorney may engage in the practice of law in other courts, but he or she shall not accept employment inconsistent with his or her 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. A licensed attorney must be a resident of the state.

(3) He or she may serve as Judge of other municipal courts, if such service may be accomplished consistently with his or her duties as Judge of this Court, with the consent of the Mayor and the Town Board of Trustees.

(B) (1) Beginning July 1, 2026, any person currently appointed or serving as a Municipal Judge for the town shall have completed a certification program as approved by the State Municipal Judges Association.

(2) The certification program shall have a minimum of 12 hours of continuing legal education approved by the State Bar Association Mandatory Continuing Legal Education Commission to include laws specific to municipal courts, trial evidentiary matters, criminal cases eligible for municipal courts, and indigency hearings.

(C) Any person appointed as a Municipal Judge after July 1, 2026 shall have one year from the date of appointment to complete the certification program described in division (B) above.

(D) A copy of the State Municipal Judge certification shall be filed with the County Clerk in the county in which the municipality is located and with the Municipal Court Clerk (11 O.S. § 27-104).

(Ord. 2023-03, passed 8-25-2023)

§ 32.26 TERM.

The official term of the Municipal Judge shall be two years, expiring on May 16 in each odd-numbered year. The Municipal Judge, unless sooner removed for proper cause, shall serve until a successor is appointed and qualified.

(Ord. 2023-03, passed 8-25-2023)

§ 32.27 ALTERNATE JUDGE.

There shall be appointed for each Judge of the Court an Alternate Judge possessed of the same qualifications required of the Judge in this chapter. His or her appointment shall be for the same term and made in the same manner as the Judge. He or she shall sit as Acting Judge of the Court in any case if the Judge is:

(A) Absent from the Court;

(B) Unable to act as Judge; or

(C) Disqualified from acting as Judge in the case.

(Prior Code, § 6-106)

§ 32.28 ACTING JUDGE.

If at any time there is no Judge or Alternate Judge, duly appointed and qualified, available to sit as Judge, the Mayor 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, § 6-107)

§ 32.29 APPOINTMENT.

Judges and Alternate Judges shall be appointed by the Mayor with the consent of the governing body. A proposed appointment shall be submitted in writing to the governing body at the next to the last regularly scheduled meeting prior to the day upon which the appointment is to take effect and shall be acted upon at the next regularly scheduled meeting. The governing body may decide upon the proposed appointment by a majority vote of a quorum present and acting. Failure of a decision upon a proposed appointment shall not prevent action thereon at a later regularly scheduled meeting of the governing body unless the Mayor, in writing, withdraws the proposed appointment.

(Prior Code, § 6-108)

§ 32.30 SALARY, PAYMENTS.

(A) A Judge, other than an Alternate Judge or an Acting Judge, shall receive a salary as set by the governing body by motion or resolution, paid in the same manner as the salaries of other officials of the municipality.

(B) An Alternate Judge or an Acting Judge shall be paid an amount as set by motion or resolution of the governing body, however payments to an Acting or Alternate Judge shall not exceed the salary set for a Judge in whose stead he or she sits.

(Prior Code, § 6-109)

§ 32.31 REMOVAL.

(A) Judges shall be subject to removal from office by the governing body for the causes prescribed by the constitution and laws for the state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified written petition setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by:

(1) The Mayor; or

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

(B) The governing body 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 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 witnesses against him or her; and

(3) Have all evidence against him or her presented in open hearing.

(C) So far as they can be applicable, the provisions of the State Administrative Procedures Act governing individual proceedings (75 O.S. §§ 309 through 317, 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 governing body, in favor of such removal.

(Prior Code, § 6-110)

§ 32.32 VACANCY.

(A) 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.

(B) Upon the occurrence of a vacancy in the office of Judge, the Mayor shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made.

(Prior Code, § 6-111)

§ 32.33 DISQUALIFICATION.

(A) In prosecutions before the Court no change of venue shall be allowed; but the Judge before whom the case is pending may certify his or her disqualification or he or she may be disqualified from sitting under the terms, conditions, and procedure provided by law for courts of record.

(B) If a Judge is disqualified, the matter shall be heard by an Alternate or Acting Judge appointed as provided in this subchapter.

(Prior Code, § 6-112)

§ 32.45 RULES OF COURT.

The Judge may prescribe rules, consistent with the laws of the state and with the ordinances of the municipality, for the proper conduct of the business of the Court.

(Prior Code, § 6-117)

§ 32.46 ENFORCEMENT.

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 or her while holding court, or committed against process issued by him or her, in the same manner and to the same extent as the district courts of the state.

(Prior Code, § 6-118)

§ 32.47 WRITTEN COMPLAINTS.

All prosecutions for violations of ordinances of the municipality shall be styled “The Town of Talala 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.

(Prior Code, § 6-119)

§ 32.48 ORDINANCE VIOLATIONS; PROCEDURES; CUSTODY, ARREST.

(A) If a police officer observes facts which he or she believes constitute a violation of an ordinance of the municipality, committed by a resident or nonresident, in lieu of arresting such a person, he or she may take his or her 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 or her in writing in form prescribed by the Mayor, or his or her duly designated delegate, a traffic citation embracing the above information, and also stating the traffic violation alleged to have occurred, and notifying him or her to answer to the charge against him or her at a time not later than the date specified in the citation. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation to answer as specified, may then 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 the municipality, the police officer may:

(1) Release the person after obtaining sufficient information as set out in division (A) above pending his or her 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 a motor vehicle in exchange for a receipt therefor issued by the arresting officer as provided in § 32.47.

(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 into 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 or her release in accordance with the provisions of this chapter. Upon providing bail as fixed, and upon giving his or her written promise to appear upon a day certain, as provided in division (A) above, 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 divisions (A) or (B) above, with such variation as the circumstances require, the operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him or her personally under divisions (A) or (B) above.

(D) (1) Any law enforcement officer who has arrested a person on a violation of an ordinance of the town may issue a citation to such person to appear in court, which shall contain the name and address of the cited person, the offense charged and date on which the person is to appear in court, which shall be at least five days after the issuance of the citation. A copy of the citation shall be delivered to the person cited. As soon as practicable thereafter, the officer shall file the original of the citation with the court.

(2) In the event the judge finds sufficient grounds for issuance of a warrant, he or she may issue a summons commanding the defendant to appear rather than issue a warrant.

(3) A person who has been summoned to appear who willfully fails to appear in response to a summons is guilty of a misdemeanor; and, in addition, a warrant may be issued for his or her arrest for the failure to appear and for violation of the offense for which the summons was issued.

(E) Should any accused person fail to appear at the fixed time and respond to any notice given, the Municipal Judge may, at his or her discretion, impose an additional fine in the amount of $149 on that person, separate and apart from any fine for the violation for which the person is required to appear as provided in § 10.99.

(Ord. 2023-03, passed 8-25-2023)

§ 32.49 TRAFFIC BAIL BOND PROCEDURE.

(A) In addition to other provisions of law for posting bail, any person, whether a resident of the state or a nonresident who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance shall be released by the arresting officer upon personal recognizance if:

(1) The arrested person has been issued a valid license to operate a motor vehicle by the state, another state jurisdiction within the United States, or any party jurisdiction of the Nonresident Violator Compact;

(2) The arresting officer is satisfied as to the identity of the arrested person;

(3) The arrested person signs a written promise to appear as provided for on the citation; and

(4) The violation does not constitute:

(a) A felony;

(b) Negligent homicide;

(c) Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances;

(d) Eluding or attempting to elude a law enforcement officer;

(e) Operating a motor vehicle without having been issued a valid driver’s license, or while the license is under suspension, revocation, denial, or cancellation;

(f) An arrest based upon an outstanding warrant;

(g) A traffic violation coupled with any offense stated in divisions (A)(4)(a) through (A)(4)(f) above;

(h) An overweight violation, or the violation of a special permit exceeding the authorized permit weight; or

(i) A violation relating to the transportation of hazardous materials.

(B) (1) If the arrested person is eligible for release on personal recognizance as provided for in division (A) above, then the arresting officer shall:

(a) Designate the traffic charge;

(b) Record information from the arrested person’s driver’s license on the citation form, including the name, address, date of birth, personal description, type of driver’s license, driver’s license number, issuing state, and expiration date;

(c) Record the motor vehicle make, model, and tag information;

(d) Record the arraignment date and time on the citation; and

(e) Permit the arrested person to sign a written promise to appear as provided for in the citation.

(2) The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional and, that failure to timely appear for arraignment shall result in the suspension of the arrested person’s drivers license in the state, or in the nonresident’s home state pursuant to the Nonresident Violator Compact.

(C) Procedures for arraignment, continuances and scheduling, timely appearances, pleas of guilty or nolo contendere, posting bail, payment of fines and costs, issuance of arrest warrants, and requests for suspension of driver’s license shall be required in state law, 22 O.S. §§ 1115.1 through 1115.5.

(D) A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he or she is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or her or on a legible copy thereof, together with the date of the plea and his or her signature. The defendant shall be responsible for assuring full payment of the fine and costs to the Court Clerk. The defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this division (D), such plea shall be accepted by the Court and the amount of the fine and costs shall be as prescribed by ordinance for the violation charged or as prescribed by the Court.

(E) (1) If, pursuant to the provisions of division (D) above, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the Court may issue a warrant for the arrest of the defendant and the Municipal or District Court Clerk, within 120 calendar days from the date the citation was issued by the arresting officer, shall notify the State Department of Public Safety that:

(a) The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided for in the citation;

(b) The defendant has failed to appear for arraignment without good cause shown;

(c) The defendant has not posted bail, paid a fine, or made any other arrangement with the Court to satisfy the citation; and

(d) The citation has not been satisfied as provided by law.

(2) The Court Clerk shall request the State Department of Public Safety to either suspend the defendant’s driver’s license to operate a motor vehicle in the state, or notify the defendant’s home state and request suspension of the defendant’s driver’s license in accordance with the provisions of the Nonresident Violator Compact. Such notice and request shall be on a form approved or furnished by the State Department of Public Safety. The Court Clerk shall not process the notification and request provided for in this division (E) if, with respect to such charges:

(a) The defendant was arraigned, posted bail, paid a fine, was jailed, or otherwise settled the case;

(b) The defendant was not released upon personal recognizance upon a signed written promise to appear as provided for in this section, or if released was not permitted to remain on such personal recognizance for arraignment;

(c) The violation relates to parking or standing an overweight violation, an overweight permit, or the transportation of hazardous materials; or

(d) A period of 120 calendar days or more has elapsed from the date the citation was issued by the arresting officer.

(F) The Court Clerk shall maintain a record of each request for driver’s license suspension submitted to the State Department of Public Safety pursuant to the provisions of this section. When the Court or Court Clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the Court Clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation or at such other address as is furnished by the defendant. Additionally, the Court or Court Clerk shall notify the home jurisdiction of the defendant as listed on the citation if such jurisdiction is a member of the Nonresident Violator Compact, and shall in all other cases notify the State Department of Public Safety of the resolution of the case. The form of proof and the procedures for notification shall be approved by the State Department of Public Safety. Provided however, the Court or Court Clerk’s failure to furnish such proof or notice in the manner provided for in this division (F) shall in no event create any civil liability upon the Court, the Court Clerk, the state, or any political subdivision thereof, or any state department or agency or any employee thereof, but duplicate proof shall be furnished to the person entitled thereto upon request.

(Prior Code, § 6-121)

§ 32.50 FORM OF ARREST WARRANT.

(A) Except as otherwise provided in the ordinances of the municipality, upon the filing of a complaint approved by the endorsement of the attorney of the municipality or by the Judge, there shall be issued a warrant of arrest, in substantially the following form: The Town of Talala to the Marshal of the Municipal Court of Talala, Oklahoma.

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

Witness my hand this ______ day of __________, 20_______.

___________________________________________

Judge of the Municipal Court, Talala, Oklahoma

(B) It is the duty of the Marshal, personally or through a duly constituted member of the police force of the municipality, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible.

(Prior Code, § 6-123)

§ 32.51 PROCEDURES FOR BAIL OR BOND.

(A) Upon arrest, or upon appearance without arrest in response to citation or summons, or at any time before trial, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his or her appearance in the amount and upon conditions fixed by this chapter or the Judge, who shall prescribe appropriate rules of Court for the receipt of bail. In case of arrest made at night or under other conditions or emergency or when the Judge is not available, the rules shall authorize the Chief of Police, or his or her designated representative, to accept a temporary cash bond of not less than $10 nor more than the maximum monetary penalty provided by ordinance for the offense charged.

(B) A bail bond schedule may be adopted by the Town Board and amended by motion or resolution.

(Prior Code, § 6-124)

§ 32.52 FAILURE TO APPEAR.

Should any accused person fail to appear at the fixed time and respond to any notice given, the municipal Judge may, at his or her discretion, impose an additional fine on that person, separate and apart from any fine for the violation for which the person is required to appear as provided in § 10.99.

(Prior Code, § 6-125)

§ 32.53 TRIALS AND JUDGMENTS.

(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 the state, the procedure applicable in trials of misdemeanors in the District Courts shall apply to the extent that they can be made effective.

(D) If the defendant pleads guilty or is convicted after the trial, the Court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.

(E) At the close of trial, judgment must be rendered immediately by the Judge who shall cause it to be entered in his or her docket.

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

(G) (1) A judgment that the defendant pay a fine may also direct that he or she be imprisoned until the fine is satisfied at the rate of one day imprisonment for each $5 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 status 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.

(2) Thereupon the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.

(H) When the judgment and sentence of a Court, either in whole or in part, imposes Court financial obligations upon a defendant, the Court at the time of sentencing may immediately, or at any point thereafter until the debt is either paid or waived, determine the ability of a defendant to pay the court financial obligations. The Court may make such determinations at a cost hearing or upon written motion or affidavit by the defendant. The ability of a defendant to pay Court financial obligations may not impact the sentence imposed.

(1) Defendants with Court financial obligations who are found by the Court to be unable to pay, in whole or in part, shall be relieved of the debt by the Court through a hardship waiver of the Court financial obligations, either in whole or in part.

(2) In determining the ability of a defendant to pay, the Court shall consider the following factors:

(a) Individual and household income;

(b) Household living expenses;

(c) Number of dependents;

(d) Assets;

(e) Child support obligations;

(f) Physical or mental health conditions that diminish the ability to generate income or manage resources;

(g) Additional case-related expenses to be paid by the defendant; and

(h) Any other factors relevant to the ability of the defendant to pay.

(3) In determining the ability of a defendant to pay, the following shall not be considered as income or assets:

(a) Child support income;

(b) Any monies received from a federal, state, or tribal government need-based or disability assistance program; or

(c) Assets exempt from bankruptcy.

(4) Defendants in the following circumstances are presumed unable to pay and eligible for relief under this division (H):

(a) Designated as totally disabled by any federal, state, or tribal disability services program including but not limited to military disability, Social Security Disability Insurance, Supplemental Security Income, or tribal disability benefits;

(b) Receives support from the Temporary Assistance for Needy Families program, Supplemental Nutrition Assistance Program, the Special Supplemental Nutrition Program for Women, Infants, and Children Nutrition, Education, and Supplemental Food Program, or any other federal need-based financial support;

(c) Receives subsidized housing support through the Housing Choice Voucher Program, the United States Department of Housing and Urban Development, or other state, local, or federal government housing subsidy program; or

(d) Total income is below 150% of the federal poverty level.

(I) (1) At the time of a plea or sentencing, the Court shall inform the defendant of the total court financial obligations owed, the consequences of failing to pay the Court financial obligations, and that the defendant may request a cost hearing if at any time he or she is unable to pay the Court financial obligations, at which point the Court may waive all or part of the debt owed. If the total amount of Court financial obligations owed is not available at the time of the plea or sentencing, the Court shall inform the defendant that court financial obligations have been incurred and the time and location where the defendant may learn of the total amount owed.

(2) The Court shall order the defendant to appear immediately after sentencing at the office of the Court Clerk to provide current contact information and to either select payment terms or request a cost hearing. Failure to immediately report to the Court Clerk shall result in the full amount of Court financial obligations to be due 30 days from the date of the plea or sentencing in municipal courts.

(3) (a) Payment of Court financial obligations may be made under the following terms:

1. Payment in full; or

2. Payment in installments.

(b) Upon any change in circumstances affecting the ability of a defendant to pay, a defendant may request a cost hearing before the Court by contacting the Court Clerk.

(4) The Municipal Court shall provide a cost hearing for any defendant upon request, either by establishing a dedicated docket or on an as-requested basis. A defendant who requests a cost hearing will receive a summons by personal service or by United States mail to appear in court as required by division (G) above. If a defendant fails to appear for a requested cost hearing, the Court may issue either a cost cite and release warrant or a cost arrest warrant. No fees shall be assessed or collected from the defendant as a consequence of either requesting a cost hearing or the issuing of a cost cite and release warrant.

(J) In determining the ability of the defendant to pay Court financial obligations, the Court may rely on testimony, relevant documents, and any information provided by the defendant using a cost hearing affidavit promulgated by the Court of Criminal Appeals. In addition, the Court may make inquiry of the defendant and consider any other evidence or testimony concerning the ability of the defendant to pay.

(K) (1) If at the initial cost hearing or any subsequent cost hearing the Court determines that the defendant is able to pay some or all of the Court financial obligations, the Court may order any of the following conditions for payment:

(a) Payment in full;

(b) Payment in installments;

(c) Financial incentive under a set of conditions determined by the Court; or

(d) Community service in lieu of payment; provided, the defendant shall receive credit for no less than two times the amount of the minimum wage specified pursuant to state law for each hour of community service.

(2) Any defendant who fails to comply with the terms of the payment plan ordered by the Court shall be considered delinquent and the Court may issue either a cost cite and release warrant or a cost arrest warrant.

(L) If the Court determines that a waiver of any of the Court financial obligations is warranted, the Court shall apply the same percentage reduction equally to all fines, costs, fees, and assessments, excluding restitution.

(M) (1) A defendant is considered delinquent in the payment of Court financial obligations under the following circumstances:

(a) When the total amount due has not been paid by the due date; or

(b) When no installment payments have been received in the most recent 90-day period.

(2) The Court Clerk shall periodically review cases for delinquency at least once every six months and, upon identifying a delinquent defendant, notify the Court which shall, within ten days thereafter, set a cost hearing for the Court to determine if the defendant is able to pay. The cost hearing shall be set within 45 days of the issuance of the summons.

(3) The hearing shall be set on a date that shall allow the Court Clerk to issue a summons 14 days prior to the cost hearing. Defendants shall incur no additional fees associated with the issuance of the summons.

(N) At least 14 days prior to the cost hearing, the Court Clerk shall issue one summons to the defendant to be served by United States mail to the mailing address of the defendant on file in the case, substantially as follows: You are ORDERED to appear for a COST HEARING at a specified time, place, and date to determine

if you are financially able to pay the fines, costs, fees, or assessments or an installment due in

Case No. -----

YOU MUST BE PRESENT AT THE HEARING.

At any time before the date of the cost hearing, you may contact the Court Clerk and pay the

amount due or request in writing or in person prior to the Court date, that the hearing be

rescheduled for no later than thirty (30) days after the scheduled time.

THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for the cost hearing or pay the

amount due, the Court will issue a WARRANT and refer the case to a court cost compliance liaison

which will cause an additional administrative fee of up to thirty-five percent (35%) to be added to

the amount owed and may include additional costs imposed by the Court.

(O) Referrals to the Court Cost Compliance Program as provided in division (L) above shall be made as follows:

(1) Courts shall refer a case to the Court Cost Compliance Program upon the issuance of a cost arrest warrant;

(2) Courts may refer a case to the Court Cost Compliance Program upon the issuance of a cost cite and release warrant; or

(3) Courts may refer a case to the Court Cost Compliance Program without the issuance of a warrant; provided, the defendant is delinquent and has had sufficient notice and opportunity to have a cost hearing.

(P) In lieu of mailing the summons provided for in this division (P), the Municipal Court may give the summons to the defendant in person at the time of sentencing or subsequent appearance of a specific date, time, and place, not fewer than 30 days nor more than 120 days from the date of sentencing to appear for cost hearing if the Court financial obligations remain unpaid.

(Q) (1) The provisions for issuing a separate summons described in division (P) above shall not apply if the Municipal Court has previously provided actual personal notice to the defendant of an opportunity for a cost hearing.

(2) If such notice was given and the defendant fails to appear, the Municipal Court may issue either a cost cite and release warrant or a cost arrest warrant.

(R) (1) After a cost hearing where a defendant is found able to pay a Court financial obligation, either in whole or in part, and then becomes delinquent in that payment, a Court may conduct a willfulness hearing at any time beginning immediately after a cost hearing has been held and a decision rendered on the Court financial obligations.

(2) Findings of a defendant’s prior ability to pay may be considered as evidence of ability to pay or willfulness at the hearing. The requirements of this division (R) shall not be construed to prohibit the Court from holding subsequent cost hearings on the same Court financial obligations. At a willfulness hearing, the Court shall evaluate the following:

(a) Whether a cost hearing has been held previously where evidence relating to ability to pay was presented and the Court found the defendant was able to pay the Court financial obligations, either in whole or in part;

(b) Whether there is any new evidence of ability to pay not previously considered or a change in circumstances since the cost hearing;

(c) Whether the defendant was afforded sufficient time and opportunity to fulfill the obligation to pay the Court financial obligations;

(d) Whether the defendant made any efforts to satisfy the Court financial obligations; and

(e) Whether there are any other relevant facts or circumstances.

(3) After a finding of willful failure to pay Court financial obligations, the Court may impose a jail sentence pursuant to 28 O.S. § 101. A jail sentence may be imposed only under the following circumstances:

(a) The hearing is conducted on the record pursuant to the rules promulgated by the Court of Criminal Appeals; and

(b) The defendant is represented by counsel or expressly waives his or her right to counsel.

(S) If a jail sentence is imposed, the Court may grant credit for any time already served. At any time after incarceration, the jail sentence may be satisfied upon payment in full of the outstanding balance with credit for any time already served.

(T) In addition, the Municipal Court, within 120 days from the date upon which the person was originally ordered to make payment, and if the Court finds and memorializes into the record that the defendant is financially able but willfully refuses to pay the Court financial obligations, or an installment due, may send notice of nonpayment of any Court-ordered fine and costs for a moving traffic violation to the Service Oklahoma with a recommendation of suspension of driving privileges of the defendant until the total amount of any Court financial obligation has been paid. Upon receipt of payment of the total amount of the Court financial obligations for the moving traffic violation, the Court shall send notice thereof to Service Oklahoma if a nonpayment notice was sent as provided for in this division (T). Notices sent to Service Oklahoma shall be on forms or by a method approved by Service Oklahoma.

(Prior Code, § 6-127)

§ 32.54 WITNESS FEES.

(A) Witnesses in any proceeding in the Court other than the police officers or peace officers shall be entitled to a sum per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the limits of the municipality. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. 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 witnesses;

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

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

(4) Their attendance at the trial is necessary for his or her proper defense.

(B) The fees of such witnesses shall be paid by the municipality.

(Prior Code, § 6-129)

§ 32.55 SUSPENSION OF SENTENCE.

After conviction and sentence, the Judge may suspend sentence, in accordance with the provisions of, and subject to the conditions and procedures imposed by, 11 O.S. §§ 27-123 and 27-124.

(Prior Code, § 6-130)

§ 32.56 FINES, COSTS.

In addition to the Court costs collected pursuant to § 32.09 of this section, for every fine, deferral fee in lieu of a fine, or bond forfeiture collected by the Municipal Court of the town, additional local and state-mandated fees, costs, and penalty assessments shall be collected as provided in 20 O.S. §§ 1313.2, 1313.3, and 1313.4, as amended, and as provided in other applicable state law and in this chapter. The Town Clerk/Treasurer, or other individual designated by the Town Board, shall forward mandated reimbursements to the state on a quarterly basis unless otherwise required by law.

(Ord. 2023-03, passed 8-25-2023)

§ 32.57 DEFERRAL PROCESSING FEE.

A deferral fee of $100 as allowed by law, which shall be in addition to and not in substitution for any and all fines, fees, penalties, and Court costs assessed and otherwise provided for by law for an offense that is granted a deferred sentence by the Town Municipal Court.

(Res. 2023-07, passed 8-25-2023)

§ 32.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

(B) (1) Every person who, directly or indirectly, utters or addresses any threat or intimidation to any judicial or ministerial officer, to any juror, referee, arbitrator, umpire, or assessor or other person authorized by law to hear or determine any controversy, with intent to induce him or her either to any act not authorized by law, or to omit or delay the performance of any duty imposed upon him or her by law, in violation of § 32.48, is guilty of a misdemeanor.

(2) Every person convicted of violating § 32.48(A) through (C) shall be deemed guilty of a misdemeanor.

(2) (a) Every person who has been issued a citation, in response to which such person has agreed in writing to appear, who, without good cause, fails to appear at the time and place set forth in such citation, in violation of § 32.48(E), is guilty of a misdemeanor.

(b) Every person who has requested and has been granted additional time within which to pay a fine imposed by the Court who, without good cause, fails to pay the fine imposed within the time allotted by the Court and fails to appear at the time fixed by the Court for payment of the fine, in violation of § 32.48(E), is guilty of a misdemeanor.

(Ord. 2023-03, passed 8-25-2023)