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| 3 | + | ENGR. H. A. to ENGR. S. B. NO. 462 Page 1 1 | |
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| 4 | - | ||
| 5 | - | An Act | |
| 6 | - | ENROLLED SENATE | |
| 7 | - | BILL NO. 462 By: Daniels, Boren, Paxton, and | |
| 8 | - | Weaver of the Senate | |
| 28 | + | ENGROSSED HOUSE AMENDME NT | |
| 29 | + | TO | |
| 30 | + | ENGROSSED SENATE BILL NO . 462 By: Daniels of the Senate | |
| 9 | 31 | ||
| 10 | 32 | and | |
| 11 | 33 | ||
| 12 | - | West (Josh), Roe, Humphrey, | |
| 13 | - | McBride, West (Kevin), | |
| 14 | - | Tedford, Sims, Archer, West | |
| 15 | - | (Tammy), Miller, Banning, | |
| 16 | - | Baker, and Stark of the | |
| 17 | - | House | |
| 34 | + | West (Josh) of the House | |
| 35 | + | ||
| 18 | 36 | ||
| 19 | 37 | ||
| 20 | 38 | ||
| 21 | 39 | ||
| 22 | 40 | An Act relating to municipal courts; amendin g 11 O.S. | |
| 23 | 41 | 2021, Section 27-104, which relates to judges of | |
| 42 | + | municipal courts; removing certain population | |
| 43 | + | exception; authorizing municipality to determine | |
| 44 | + | manner of certain payment; prohibiting certain | |
| 45 | + | appointment after specifi ed date; requiring municipal | |
| 46 | + | judges to complete cer tain certification p rogram by | |
| 47 | + | specified date; establishing deadline for appointees | |
| 48 | + | to complete certain certification program; | |
| 49 | + | establishing maximum allowable fine to be imposed by | |
| 50 | + | certain municipal courts; requiring filing of certain | |
| 51 | + | certifications; making language gender neutral; | |
| 52 | + | updating statutory language; and providing an | |
| 53 | + | effective date. | |
| 54 | + | ||
| 55 | + | ||
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| 58 | + | ||
| 59 | + | ||
| 60 | + | AUTHORS: Add the following House Coauthor s: Roe, Humphrey, | |
| 61 | + | McBride, West (Kevin), Tedford, Sims, Archer, West | |
| 62 | + | (Tammy), Miller, Banning, Baker , and Stark | |
| 63 | + | ||
| 64 | + | Add the following Senate Coauthors: Boren, Paxton, and | |
| 65 | + | Weaver | |
| 66 | + | ||
| 67 | + | ||
| 68 | + | ||
| 69 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
| 70 | + | and insert: | |
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| 76 | + | ENGR. H. A. to ENGR. S. B. NO. 462 Page 2 1 | |
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| 101 | + | "An Act relating to municipal courts; amendin g 11 | |
| 102 | + | O.S. 2021, Section 27 -104, which relates to judges of | |
| 24 | 103 | municipal courts; removing certain population | |
| 25 | 104 | exception; authorizing municipality to determine | |
| 26 | 105 | manner of certain payment; clarifying type of | |
| 27 | 106 | appointment; requiring municipal judges follow | |
| 28 | 107 | certain standards; prohibiting certain appointment | |
| 29 | 108 | after specified date; requiring municipal judges to | |
| 30 | 109 | complete certain certification p rogram by specified | |
| 31 | 110 | date; establishing deadline for appointees to | |
| 32 | 111 | complete certain certification program; establishing | |
| 33 | 112 | maximum allowable fine to be imposed by certain | |
| 34 | 113 | municipal courts; requiring filing of certain | |
| 35 | 114 | certifications; making language gender-neutral; | |
| 36 | 115 | updating statutory language; and providing an | |
| 37 | 116 | effective date. | |
| 38 | 117 | ||
| 39 | 118 | ||
| 40 | 119 | ||
| 41 | 120 | ||
| 42 | - | SUBJECT: Municipal court judges | |
| 43 | - | ||
| 44 | 121 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 45 | - | ||
| 46 | 122 | SECTION 1. AMENDATORY 11 O.S. 2021, Section 27 -104, is | |
| 47 | 123 | amended to read as follows: | |
| 48 | - | ||
| 49 | - | ENR. S. B. NO. 462 Page 2 | |
| 50 | - | ||
| 51 | 124 | Section 27-104. A. The number of judges for each municipal | |
| 52 | 125 | court shall be determined by the governing body of the municipality | |
| 53 | 126 | where the court is establishe d. The judge of each municipal court | |
| 54 | 127 | shall be appointed by the mayor of the municipality whe re the court | |
| 55 | 128 | is established, with the consent of the municipal governing body. | |
| 56 | 129 | The judge of any municipal court shall be licensed to practice law | |
| 57 | 130 | in Oklahoma this state, except as provided for in subsections B and | |
| 58 | 131 | C of this section. He The judge shall serve for a ter m of two (2) | |
| 59 | 132 | years, said term expiring on a date fixed by ordinance, and until | |
| 60 | 133 | his or her successor is appointed and qualified, unless removed by | |
| 61 | 134 | the vote of a majority of all members of the governing body for such | |
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| 136 | + | ENGR. H. A. to ENGR. S. B. NO. 462 Page 3 1 | |
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| 62 | 161 | cause as is provided for by law for the r emoval of public officers. | |
| 63 | 162 | Any appointment to fill a vacancy shall be for the unexpired term. | |
| 64 | 163 | Except in cities with a population of more than two hu ndred thousand | |
| 65 | 164 | (200,000), nothing Nothing in the provisions of this section shall | |
| 66 | 165 | be construed to prevent the judge from engaging in the practice of | |
| 67 | 166 | law in any other court during his the tenure of office. The judge | |
| 68 | 167 | shall be paid a salary to be fixed by t he municipal governing body . | |
| 69 | 168 | He shall be paid and in the same manner as other municipal officials | |
| 70 | 169 | or employees as determined by the municipality. A municipal judge | |
| 71 | 170 | in a court not of record is not an "officer" of the municipality | |
| 72 | 171 | pursuant to paragraph 6 of Section 1-102 of this title and shall not | |
| 73 | 172 | be considered a state officer for the purposes of Sect ion 6 of Title | |
| 74 | 173 | 51 of the Oklahoma Statutes. All municipal judges, including | |
| 75 | 174 | nonlawyer judges, are subject to the code of judicial conduct and | |
| 76 | 175 | legal ethics. | |
| 77 | - | ||
| 78 | 176 | B. In any municipality with a population of less than seven | |
| 79 | 177 | thousand five hundred (7,500), the mayor, with the consent o f the | |
| 80 | 178 | governing body of the municipality, may appoint as judge: | |
| 81 | - | ||
| 82 | 179 | 1. An attorney licensed to pra ctice law in Oklahoma, who | |
| 83 | 180 | resides in the county in which t he municipality is located or in an | |
| 84 | 181 | adjacent county this state; or | |
| 85 | - | ||
| 86 | 182 | 2. An attorney licensed to practic e law in Oklahoma who | |
| 87 | 183 | maintains a permanent office in the municipality; or | |
| 88 | 184 | ||
| 185 | + | ENGR. H. A. to ENGR. S. B. NO. 462 Page 4 1 | |
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| 89 | 210 | 3. Any A suitable person who resides in the county in which the | |
| 90 | 211 | municipality is located or in an adjacent county; or | |
| 91 | - | ||
| 92 | - | ||
| 93 | - | ENR. S. B. NO. 462 Page 3 | |
| 94 | 212 | 3. Beginning July 1, 2026, no person may be newly appointed | |
| 95 | 213 | pursuant to paragraph 2 of this subsection as a municipal judge. A | |
| 96 | 214 | municipal judge appointed pursuant to paragraph 2 of this subsection | |
| 97 | 215 | prior to July 1, 202 6, who has completed the requirements in | |
| 98 | 216 | subsections D and F of this section , may continue to be reap pointed. | |
| 99 | - | ||
| 100 | 217 | C. In any municipality with a population of seven thousand five | |
| 101 | 218 | hundred (7,500) or more, if no attorney licensed to practice law in | |
| 102 | 219 | Oklahoma resides in the c ounty or in an adjacent county in which the | |
| 103 | 220 | municipality is located, who is at the time o f appointment willing | |
| 104 | 221 | to accept the appointment as judge, the mayor, with the consent of | |
| 105 | 222 | the governing body of the municipality, may appoint any suitable and | |
| 106 | 223 | proper person as judge. | |
| 107 | - | ||
| 108 | 224 | D. If the judge of the municipal court is not a licensed | |
| 109 | 225 | attorney and has not complied with the education requirements | |
| 110 | 226 | pursuant to subsection F E of this section and the educ ation | |
| 111 | 227 | requirements pursuant to Section 18 -101 of Title 47 of the O klahoma | |
| 112 | 228 | Statutes, the trial shall be to the court, and the cou rt may shall | |
| 113 | 229 | not impose a fine of more than Fifty Dollars ($50.00), and may shall | |
| 114 | 230 | not order the defendant imprisoned except for the nonpayment of | |
| 115 | 231 | fines or costs or both. | |
| 116 | - | ||
| 117 | 232 | E. D. If the judge of the municipal court is not a licensed | |
| 118 | 233 | attorney but has complied with the education requirements of | |
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| 235 | + | ENGR. H. A. to ENGR. S. B. NO. 462 Page 5 1 | |
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| 119 | 260 | subsection F of this section and the education requirements pursuant | |
| 120 | 261 | to Section 18-101 of Title 47 of the Oklahoma Statutes, the maximum | |
| 121 | 262 | fine that may be impo sed shall be Five Hundred Dollars ($500.00) . | |
| 122 | - | ||
| 123 | 263 | F. E. In order to impose the fine authorized by subsection E D | |
| 124 | 264 | of this section, a nonlawyer judge must, within a period not to | |
| 125 | 265 | exceed the preceding reporting period in this state for mandatory | |
| 126 | 266 | continuing legal education, complete courses held for municipal | |
| 127 | 267 | judges which have been appr oved by the Oklahoma Bar Association | |
| 128 | 268 | Mandatory Continuing Legal Education Commission for at least six (6) | |
| 129 | 269 | hours of continuing education credit. Verification may be made by a | |
| 130 | 270 | statement of attendance signed by the course registration personnel. | |
| 131 | - | ||
| 132 | 271 | F. 1. Beginning July 1, 2026, any person currently appointed | |
| 133 | 272 | or serving as a municipal judge s hall have completed a certificat ion | |
| 134 | 273 | program as approved by the Oklahoma Municipal Judges Associati on. | |
| 135 | 274 | The certification program shall have a minimum of twelve (12) hours | |
| 136 | - | ||
| 137 | - | ENR. S. B. NO. 462 Page 4 | |
| 138 | 275 | of continuing legal education approved by the Oklahoma Bar | |
| 139 | 276 | Association Mandatory Continuing Legal Education Commiss ion to | |
| 140 | 277 | include laws specific to municipal courts, trial evidentiary | |
| 141 | 278 | matters, criminal cases eligible for municipal courts, and indigency | |
| 142 | 279 | hearings. | |
| 143 | - | ||
| 144 | 280 | 2. Any person appointed as a municipal judge after July 1, | |
| 145 | 281 | 2026, shall have one (1) year from the date of appo intment to | |
| 146 | 282 | complete the certification program described in paragra ph 1 of this | |
| 147 | 283 | subsection. | |
| 148 | 284 | ||
| 285 | + | ENGR. H. A. to ENGR. S. B. NO. 462 Page 6 1 | |
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| 149 | 310 | G. If a municipal judge has not completed the training required | |
| 150 | 311 | pursuant to subsection F of this section, the maximum fine that may | |
| 151 | 312 | be imposed by the municipal cour t in all traffic and criminal cases | |
| 152 | 313 | shall not exceed Fifty Dollars ($50.00). | |
| 153 | - | ||
| 154 | 314 | H. A copy of the Oklahoma Municipal Judge certification shall | |
| 155 | 315 | be filed with the county clerk in the county in which the | |
| 156 | 316 | municipality is located and with the municipal court clerk . | |
| 157 | - | ||
| 158 | - | ||
| 317 | + | SECTION 2. This act shall become effective Nove mber 1, 2023." | |
| 318 | + | Passed the House of Representatives the 25th day of April, 2023. | |
| 159 | 319 | ||
| 160 | 320 | ||
| 161 | - | ENR. S. B. NO. 462 Page 5 | |
| 162 | - | Passed the Senate the 16th day of May, 2023. | |
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| 324 | + | Presiding Officer of the House of | |
| 325 | + | Representatives | |
| 326 | + | ||
| 327 | + | ||
| 328 | + | Passed the Senate the ____ day of _______ ___, 2023. | |
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| 163 | 331 | ||
| 164 | 332 | ||
| 165 | 333 | ||
| 166 | 334 | Presiding Officer of the Senate | |
| 167 | 335 | ||
| 168 | 336 | ||
| 169 | - | Passed the House of Representativ es the 25th day of April, 2023. | |
| 337 | + | ENGR. S. B. NO. 462 Page 1 1 | |
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| 362 | + | ENGROSSED SENATE | |
| 363 | + | BILL NO. 462 By: Daniels of the Senate | |
| 364 | + | ||
| 365 | + | and | |
| 366 | + | ||
| 367 | + | West (Josh) of the House | |
| 368 | + | ||
| 369 | + | ||
| 370 | + | ||
| 371 | + | ||
| 372 | + | An Act relating to municipal courts; amendin g 11 O.S. | |
| 373 | + | 2021, Section 27-104, which relates to judges of | |
| 374 | + | municipal courts; removing certain population | |
| 375 | + | exception; authorizing municipality to determine | |
| 376 | + | manner of certain payment; prohibiting certain | |
| 377 | + | appointment after specifi ed date; requiring municipal | |
| 378 | + | judges to complete cer tain certification p rogram by | |
| 379 | + | specified date; establishing deadline for appointees | |
| 380 | + | to complete certain certification program; | |
| 381 | + | establishing maximum allowable fine to be imposed by | |
| 382 | + | certain municipal courts; requiring filing of certain | |
| 383 | + | certifications; making language gender neutral; | |
| 384 | + | updating statutory language; and providing an | |
| 385 | + | effective date. | |
| 386 | + | ||
| 387 | + | ||
| 388 | + | ||
| 389 | + | ||
| 390 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 391 | + | SECTION 3. AMENDATORY 11 O.S. 2021, Section 27-104, is | |
| 392 | + | amended to read as follows: | |
| 393 | + | Section 27-104. A. The number of judges for each municipal | |
| 394 | + | court shall be determined by the governing body of the municipality | |
| 395 | + | where the court is established. The judge of each municipal court | |
| 396 | + | shall be appointed b y the mayor of the municipality whe re the court | |
| 397 | + | is established, with the consent of the municipal governing body. | |
| 398 | + | The judge of any municipal court shall be licensed to practice law | |
| 399 | + | in Oklahoma this state, except as provided for in subsections B and | |
| 400 | + | ||
| 401 | + | ENGR. S. B. NO. 462 Page 2 1 | |
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| 426 | + | C of this section. He The judge shall serve for a ter m of two (2) | |
| 427 | + | years, said term expiring on a date fixed by o rdinance, and until | |
| 428 | + | his or her successor is appointed and qualified, unless removed by | |
| 429 | + | the vote of a majority of all members of the governing body fo r such | |
| 430 | + | cause as is provided for by law for the r emoval of public officers. | |
| 431 | + | Any appointment to fill a vacan cy shall be for the unexpired term. | |
| 432 | + | Except in cities with a population of more than two hundred thousand | |
| 433 | + | (200,000), nothing Nothing in the provisions of this section shall | |
| 434 | + | be construed to prevent the judge from engaging in the practice of | |
| 435 | + | law in any other court during his the tenure of office. The judge | |
| 436 | + | shall be paid a salary to be fixed by the municipal governing body . | |
| 437 | + | He shall be paid and in the same manner as other municipal officials | |
| 438 | + | or employees as determined by the municipality . | |
| 439 | + | B. In any municipality with a population of less than seven | |
| 440 | + | thousand five hundred (7,500), the mayor, with the consent of the | |
| 441 | + | governing body of the municipality, may a ppoint as judge: | |
| 442 | + | 1. An attorney licensed to pra ctice law in Oklahoma, who | |
| 443 | + | resides in the county in which t he municipality is located or in an | |
| 444 | + | adjacent county this state; or | |
| 445 | + | 2. An attorney licensed to practice law in Oklahoma who | |
| 446 | + | maintains a permanent off ice in the municipality; or | |
| 447 | + | 3. Any A suitable person who resides in the county in which the | |
| 448 | + | municipality is located or in an adjacent county; or | |
| 449 | + | ||
| 450 | + | ENGR. S. B. NO. 462 Page 3 1 | |
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| 475 | + | 3. Beginning July 1, 2025, no person may be newly appointed | |
| 476 | + | pursuant to paragraph 2 of this subsection as a municipal judge. A | |
| 477 | + | municipal judge appointed pursuant to paragraph 2 of this subsection | |
| 478 | + | prior to July 1, 2025, who has c ompleted the requirements in | |
| 479 | + | subsections D and F of this section , may continue to be reappointed . | |
| 480 | + | C. In any municipality with a populat ion of seven thousand five | |
| 481 | + | hundred (7,500) or more, if no attorney licensed to practice law in | |
| 482 | + | Oklahoma resides in the c ounty or in an adjacent county in which the | |
| 483 | + | municipality is located, who is at the time of app ointment willing | |
| 484 | + | to accept the appointment as judge, the mayor, with the consent of | |
| 485 | + | the governing body of the municipality, may appoint any suitable and | |
| 486 | + | proper person as judge. | |
| 487 | + | D. If the judge of the municipal court is not a licensed | |
| 488 | + | attorney and has not complied with the education requirements | |
| 489 | + | pursuant to subsection F E of this section and the educ ation | |
| 490 | + | requirements pursuant to Section 18 -101 of Title 47 of the O klahoma | |
| 491 | + | Statutes, the trial shall be to the court, and the cou rt may shall | |
| 492 | + | not impose a fine of more t han Fifty Dollars ($50.00), and may shall | |
| 493 | + | not order the defendant imprisoned except for the nonpayment of | |
| 494 | + | fines or costs or both. | |
| 495 | + | E. D. If the judge of the municipal court is not a licensed | |
| 496 | + | attorney but has complied with the education requirements of | |
| 497 | + | subsection F of this section and the education requirements pursuant | |
| 498 | + | ||
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| 524 | + | to Section 18-101 of Title 47 of the Oklahoma Statutes, the maximum | |
| 525 | + | fine that may be impo sed shall be Five Hundred Dollars ($500.00) . | |
| 526 | + | F. E. In order to impose the fine authorized by subsection E D | |
| 527 | + | of this section, a nonlawyer judge must, within a period not to | |
| 528 | + | exceed the preceding reporting period in this state for mandatory | |
| 529 | + | continuing legal education, complete courses held for municipal | |
| 530 | + | judges which have been appr oved by the Oklahoma Bar Association | |
| 531 | + | Mandatory Continuing Legal Education Commission for at least six (6) | |
| 532 | + | hours of continuing education credit. Verification may be made by a | |
| 533 | + | statement of attendance signed by the course registration personnel. | |
| 534 | + | F. 1. Beginning July 1, 2025, any person currently appointed | |
| 535 | + | or serving as a municipal judge s hall have completed a certificat ion | |
| 536 | + | program as approved by the Oklahoma Municipal Judges Associati on. | |
| 537 | + | The certification program shall have a minimum of twelve (12) hours | |
| 538 | + | of continuing legal education approved by the Oklahoma Bar | |
| 539 | + | Association Mandatory Continuing Legal Education Commiss ion to | |
| 540 | + | include laws specific to municipal courts, trial evidentiary | |
| 541 | + | matters, criminal cases eligible for municipal courts, and indigency | |
| 542 | + | hearings. | |
| 543 | + | 2. Any person appointed as a m unicipal judge after July 1, | |
| 544 | + | 2025, shall have one (1) year from the date of appo intment to | |
| 545 | + | complete the certification program described in paragra ph 1 of this | |
| 546 | + | subsection. | |
| 547 | + | ||
| 548 | + | ENGR. S. B. NO. 462 Page 5 1 | |
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| 573 | + | G. If a municipal judge has not completed the training required | |
| 574 | + | pursuant to subsection F of this section, th e maximum fine that may | |
| 575 | + | be imposed by the municipal cour t in all traffic and criminal cases | |
| 576 | + | shall not exceed Fifty Dollars ($50.00). | |
| 577 | + | H. A copy of the Oklahoma Municipal Judge certification shall | |
| 578 | + | be filed with the county clerk in the county in which the | |
| 579 | + | municipality is located and with the municipal court clerk . | |
| 580 | + | SECTION 4. This act shall become effective Nove mber 1, 2023. | |
| 581 | + | Passed the Senate the 7th day of March, 2023. | |
| 582 | + | ||
| 583 | + | ||
| 584 | + | ||
| 585 | + | Presiding Officer of the Senate | |
| 586 | + | ||
| 587 | + | ||
| 588 | + | Passed the House of Representatives t he ____ day of __________, | |
| 589 | + | 2023. | |
| 170 | 590 | ||
| 171 | 591 | ||
| 172 | 592 | ||
| 173 | 593 | Presiding Officer of the House | |
| 174 | 594 | of Representatives | |
| 175 | 595 | ||
| 176 | - | OFFICE OF THE GOVERNOR | |
| 177 | - | Received by the Office of the Governor this _______ _____________ | |
| 178 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
| 179 | - | By: _________________________________ | |
| 180 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
| 181 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
| 182 | 596 | ||
| 183 | - | _________________________________ | |
| 184 | - | Governor of the State of Oklahoma | |
| 185 | - | ||
| 186 | - | ||
| 187 | - | OFFICE OF THE SECRETA RY OF STATE | |
| 188 | - | Received by the Office of the Secretary of State this _______ ___ | |
| 189 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
| 190 | - | By: _______________________________ __ |