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ENGROSSED SENATE
BILL NO. 462 By: Daniels of the Senate
and
West (Josh) of the House
An Act relating to municipal courts; amendin g 11 O.S.
2021, Section 27-104, which relates to judges of
municipal courts; removing certain population
exception; authorizing municipality to determine
manner of certain payment; prohibiting certain
appointment after specifi ed date; requiring municipal
judges to complete cer tain certification p rogram by
specified date; establishing deadline for appointees
to complete certain certification program;
establishing maximum allowable fine to be imposed by
certain municipal courts; requiring filing of certain
certifications; making language gender neutral;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 27 -104, is
amended to read as follows:
Section 27-104. 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 whe re 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 this state, except as provided for in subsections B and
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C of this section. He The judge shall serve for a ter m of two (2)
years, said term expiring on a date fixed by o rdinance, and until
his or her 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 r emoval of public officers.
Any appointment to fill a vacan cy shall be for the unexpired term.
Except in cities with a population of more than two hundred thousand
(200,000), nothing 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 the tenure of office. The judge
shall be paid a salary to be fixed by the municipal governing body .
He shall be paid and in the same manner as other municipal officials
or employees as determined by the municipality .
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 pra ctice law in Oklahoma, who
resides in the county in which t he municipality is located or in an
adjacent county this state; or
2. An attorney licensed to practice law in Oklahoma who
maintains a permanent office in the municipality; or
3. Any A suitable person who resides in the county in which the
municipality is located or in an adjacent county; or
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3. Beginning July 1, 2025, no person may be newly appointed
pursuant to paragraph 2 of this subsection as a municipal judge. A
municipal judge appointed pursuant to paragraph 2 of this subsection
prior to July 1, 2025, who has c ompleted the requirements in
subsections D and F of this section , may continue to be reappointed .
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 c ounty or in an adjacent county in which the
municipality is located, who is at the time of app ointment 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 E of this section and the educ ation
requirements pursuant to Section 18 -101 of Title 47 of the O klahoma
Statutes, the trial shall be to the court, and the cou rt may shall
not impose a fine of more t han Fifty Dollars ($50.00), and may shall
not order the defendant imprisoned except for the nonpayment of
fines or costs or both.
E. D. 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
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to Section 18-101 of Title 47 of the Oklahoma Statutes, the maximum
fine that may be impo sed shall be Five Hundred Dollars ($500.00) .
F. E. In order to impose the fine authorized by subsection E D
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 appr oved by the Oklahoma Bar Association
Mandatory Continuing 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.
F. 1. Beginning July 1, 2025, any person currently appointed
or serving as a municipal judge s hall have completed a certificat ion
program as approved by the Oklahoma Municipal Judges Associati on.
The certification program shall have a minimum of twelve (12) hours
of continuing legal education approved by the Oklahoma Bar
Association Mandatory Continuing Legal Education Commiss ion to
include laws specific to municipal courts, trial evidentiary
matters, criminal cases eligible for municipal courts, and indigency
hearings.
2. Any person appointed as a m unicipal judge after July 1,
2025, shall have one (1) year from the date of appo intment to
complete the certification program described in paragra ph 1 of this
subsection.
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G. If a municipal judge has not completed the training required
pursuant to subsection F of this section, th e maximum fine that may
be imposed by the municipal cour t in all traffic and criminal cases
shall not exceed Fifty Dollars ($50.00).
H. A copy of the Oklahoma 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 .
SECTION 2. This act shall become effective Nove mber 1, 2023.
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives