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0 chapters · 1,077 sections in this title.
11 O.S. § 27-122 Enforcement of payment of fines or costs by
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imprisonment - Persons unable to pay. A. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced: 1. By imprisonment until the same shall be satisfied at the rate of Twenty-five Dollars ($25.00) per day; or 2. In the same…
11 O.S. § 27-122.1 Execution of sentences of municipal court
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A. All sentences of imprisonment shall be executed by the chief of police of the municipality, and any person convicted of a violation of any ordinance of the municipality and sentenced to imprisonment shall be confined in the jail, farm, or workhouse of the municipality, in the …
11 O.S. § 27-122.2 Community service in lieu of fine or in conjunction
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with imprisonment - Violation of community service conditions. Whenever any person is convicted in municipal court for violation of a municipal ordinance, the court may order the defendant to a term of community service or remedial action in lieu of fine or in conjunction with im…
11 O.S. § 27-123 Suspension of judgment or costs - Reconfinement
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Whenever any person shall be convicted in the municipal court of violating a municipal ordinance, the judge trying the cause, after sentence, may suspend the judgment or costs or both and allow the person so convicted to be released upon his own recognizance. Any person so releas…
11 O.S. § 27-124 Supervision of juveniles on parole or probation
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In addition to the duties otherwise provided by law, the judge of each municipal court, or some other person designated by the governing body of the municipality where the court is established, shall be required to supervise all juveniles who are either on parole or serving proba…
11 O.S. § 27-125 Contempt of court
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The judge of each municipal court shall have power to enforce due obedience to orders, rules and judgments made by him and may fine or imprison for contempt offered to the judge while holding his court or to process issued by him in the same manner and to the same extent as the d…
11 O.S. § 27-126 Costs and fees
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Except as provided in Section 14-111 of this title and subject to other limitations or exceptions imposed by law, the municipal governing body shall determine by ordinance the court costs and fees that may be charged and collected by the clerk of the court. Court costs shall not …
11 O.S. § 27-127 Prosecution for same offense in another court
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prohibited. When a defendant has been in jeopardy for the same or any lesser included offense in a municipal court or district court, he shall not be prosecuted in another court for the same or a lesser included offense. Laws 1977, c. 256, § 27-127, eff. July 1, 1978; Laws 1980, …
11 O.S. § 27-128 Writs of mandamus, prohibition and certiorari
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The district court in each county wherein a municipal court is established shall have the same jurisdiction to issue to the municipal court writs of mandamus, prohibition and certiorari as the Supreme Court now has to issue such writs to courts of record. Laws 1977, c. 256, § 27-…
11 O.S. § 27-129 Appeals
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A. An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court in the county where the situs of the municipal government is located, within ten (10) days from the date of the final judgment, a notice of appeal and by filing…
11 O.S. § 27-130 District attorney to defend appeals in certain cases
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The district attorney, and his assistants, shall defend any appeal from a municipal court in his district that has no municipal attorney who is paid a salary in excess of a rate of Three Thousand Six Hundred Dollars ($3,600.00) per annum. Laws 1977, c. 256, § 27-130, eff. July 1,…
11 O.S. § 27-131 Orders relative to procedures and practices by Supreme
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Court. The Supreme Court is authorized to issue orders of statewide application relative to procedures in and practices before the municipal courts and appeals therefrom, subject to the provisions of this article, and under its general superintending control of all inferior court…
11 O.S. § 27-132 Appeal to Court of Criminal Appeals
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An appeal may be taken to the Court of Criminal Appeals from the final judgment or order of a district court in an appeal from a final judgment of a municipal court in the same manner and to the same extent that appeals are taken from a district court to the Court of Criminal App…
11 O.S. § 28-101 Municipal criminal courts of record - Cities with
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population over 65,000 - Resolution. A. In cities having a population of more than sixty-five thousand (65,000) inhabitants, as determined by the latest federal census, there is hereby created a "Municipal Criminal Court of Record of the City of ___________", subject to the restr…
11 O.S. § 28-102 Jurisdiction of criminal court of record - Jury trial -
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Maximum punishment - Double jeopardy. A. The municipal criminal courts of record shall have original jurisdiction to hear and determine all prosecutions when a violation of any of the ordinances of the city where the court is established is charged, as provided by Article VII, Se…
11 O.S. § 28-102a Fines for violations relating to prostitution -
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Percentage forwarded to city - county health department. In municipalities that have a population of more than two hundred thousand (200,000), that have a municipal court of record, and that are located within a county having a population greater than four hundred thousand (400,0…
11 O.S. § 28-102b Alcohol and drug abuse evaluation and assessment
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program. In cases where a person has been convicted of violating a municipal ordinance relating to driving a motor vehicle under the influence of alcohol or other intoxicating substance, the person shall be ordered to participate in, prior to sentencing, an alcohol and drug subst…
11 O.S. § 28-103 Judges and clerks
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The city governing body may appoint and fix the compensation of one or more judges of the municipal criminal court of record, as may be required, and designate one as a presiding judge. Each judge shall possess the qualifications now required by law to be possessed by associate j…
11 O.S. § 28-104 Powers and duties of judge
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A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall a…
11 O.S. § 28-105 Disqualification, disability or absence of judge
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In the event of the disqualification, disability or absence of a regular judge of the municipal criminal court of record, the city governing body shall have power to appoint a special judge to sit for the duration of such disqualification, disability or absence. Laws 1977, c. 256…
11 O.S. § 28-106 Duties of clerk - Certificate as prima facie proof
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The clerk of the municipal criminal court of record shall keep and preserve the records of all proceedings had in the court, shall keep a docket, and shall collect and receive or cause to be collected and received all fines, costs, bond forfeitures and other monies properly recei…
11 O.S. § 28-107 Marshal of court
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The administrative head of the municipality, upon recommendation of the judge of the municipal court, may designate any appropriate person to serve as marshal, and in the absence of such a designation, the chief of police or corresponding officer of the municipality shall be ex o…
11 O.S. § 28-108 Reporter
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A. The presiding judge of the municipal criminal court of record may recommend to the governing body of the city the appointment of a suitable and proper person as court reporter, whose duty it shall be to correctly take and record all of the testimony and proceedings had upon th…
11 O.S. § 28-109 Prosecuting officers
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The city attorney or municipal counselor and his assistants shall be the prosecuting officers of the municipal criminal court of record and the relation which they bear to the court shall be the same as that borne to the district court by the district attorney. They shall have fu…
11 O.S. § 28-110 Office of public defender
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The city governing body may create the office of public defender. The public defender shall be charged upon order of any judge of the municipal criminal court of record with the protection of the rights of any defendant charged with violation of any ordinance in the court. The ci…
11 O.S. § 28-111 Qualifications of public defender - Appointment and
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tenure - Salary - Legal aid. A. The office of public defender shall be assumed by an attorney or attorneys authorized to practice law in Oklahoma. Said attorneys shall be appointed by the judges of the municipal criminal court of record and serve at the pleasure of the judges or …
11 O.S. § 28-112 Determination of need for public defense - Appeals
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The judges of the municipal criminal court of record shall hold such hearing as they deem necessary to determine if an individual is an indigent and entitled to representation at public expense. If an indigent represented by the municipal public defender or legal aid society seri…
11 O.S. § 28-113 Commencement of prosecution - Style – Procedure –
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Schedule of fines. A. All prosecutions commenced in a municipal criminal court of record shall be by information, pursuant to Section 16-108 of Title 47 of the Oklahoma Statutes, for traffic offenses and by information as in the district courts in other cases, which shall be subs…
11 O.S. § 28-113.1 Prosecutions by verified complaint - Means of
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verification - Signature. A. Notwithstanding other provisions of law, when a law enforcement officer issues a citation or ticket as the basis for a complaint or information, for an offense against a municipal ordinance which is declared to be a misdemeanor, the citation or ticket…
11 O.S. § 28-114 Procedures upon arrest
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A. Except as otherwise provided in this section, if a resident of a municipality served by a municipal court is arrested by a law enforcement officer for the violation of any ordinance for which Section 28-114.1 of this title does not apply, or is arrested for violation of a nont…
11 O.S. § 28-114.1 Arrest for misdemeanor traffic violation other than
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parking or standing - Bail. If a resident or nonresident of a municipality served by a municipal court is arrested by a law enforcement officer solely for a misdemeanor violation of a traffic ordinance, other than an ordinance pertaining to a parking or standing traffic violation…
11 O.S. § 28-115 Composition of jury - Selection, empanelling and
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qualification. A jury for the trial of cases in the municipal criminal court of record shall consist of six (6) persons who shall be selected, empanelled and qualified in the same manner that jurors are selected, empanelled and qualified in the district court. Laws 1977, c. 256, …
11 O.S. § 28-116 Jury list and jury boxes
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A. Upon written request of the presiding judge of the municipal criminal court of record for a stated number of jurors to the presiding judge of the appropriate district court, it shall be the duty of the clerk of the district court to draw from the jury wheel the requested numbe…
11 O.S. § 28-117 Drawing of panel
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Upon order of the presiding judge, the clerk, or a judge, and the chief of police of the city shall draw the names of jurors from the jury box, in such number as may be ordered by the presiding judge, in the same manner as is provided by law for the drawing of names to fill a jur…
11 O.S. § 28-118 When regular panel drawn
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A regular jury panel may be drawn and prepared at any time upon the order of the presiding judge. Added by Laws 1977, c. 256, § 28-118, eff. July 1, 1978.
11 O.S. § 28-119 Special panel
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In the event of the exhaustion of the regular jury panel, a special panel may be prepared and summoned upon the order of the judge directed to the chief of police of the city or sheriff of the county in the same manner as is provided by law for summoning a special panel in the di…
11 O.S. § 28-120 Compliance with criminal code of procedure
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Except as otherwise specifically provided, the municipal court of record shall comply with the criminal code of procedure, as in the district court for misdemeanor cases. Added by Laws 1977, c. 256, § 28-120, eff. July 1, 1978. Amended by Laws 1998, c. 172, § 2, eff. Nov. 1, 1998…
11 O.S. § 28-121 Process - Searches, seizures and confiscation - Service
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of arrest warrant. The municipal criminal court of record, by and through its clerk or judge, shall have power to issue subpoenas, writs of attachment, and summonses, to administer oaths, to verify complaints and other processes and writs issuable by the district judge in crimina…
11 O.S. § 28-122 Trial Docket - Criminal courts to observe certain
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holidays. A. The trial docket of the municipal criminal court of record shall be prepared and set by order of the presiding judge at such times and in such manner as he or she may prescribe. B. Municipal criminal courts of record shall remain closed on those holidays declared by …
11 O.S. § 28-123 Execution of sentence - Modification, reduction or
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suspension - Probation - Deferred sentence. A. All sentences of imprisonment shall be executed by the chief of police of the city, and any person convicted of a violation of any ordinance of the city and sentenced to imprisonment shall be confined in the jail, farm or workhouse, …
11 O.S. § 28-124 Imprisonment for nonpayment of fine and costs - Persons
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unable to pay. Any person who shall be convicted in the municipal criminal court of record of a violation of any ordinance of the city and sentenced to pay a fine and costs, who is financially able but refuses or neglects to pay such fine and costs, shall be imprisoned in the jai…
11 O.S. § 28-125 Costs
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When a person is convicted of a violation of any ordinance of the city, the cost of prosecution shall be taxed against such person as a part of the penalty and said penalty shall be enforced as provided in this article. The governing body of the city shall have the power to speci…
11 O.S. § 28-126 Fines and costs - Disposition
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Any and all fines and costs collected, and all bonds and recognizances forfeited shall be paid into the treasury of the city. The court shall cause any furniture or equipment or other personal property which the court finds to have been actually used or intended to be used in vio…
11 O.S. § 28-127 Bond forfeiture
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If a defendant fails to appear according to the terms or conditions of his bond, either for hearing, arraignment, trial or judgment, or to surrender himself in execution of the judgment, or upon any other occasion when his presence in court or before the municipal judge may be la…
11 O.S. § 28-128 Appeals
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Appeals may be taken from a judgment or order of a municipal criminal court of record to the Court of Criminal Appeals in the same manner and to the same extent that appeals are now taken from the district courts to the Court of Criminal Appeals in criminal matters, and no appeal…
11 O.S. § 29-101 General powers
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The municipal governing body may procure all necessary equipment for protection and prevention against fire and provide for the organization of a municipal fire department. The governing body may enact such ordinances, resolutions and regulations as may be necessary to establish …
11 O.S. § 29-102 Fire chief - Duties - Qualifications - Activity report
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forms. All cities having a paid fire department shall have one full- time fire chief who shall supervise and administer the fire department in accordance with the policies and procedures prescribed by the governing body or by the city manager. The fire department shall be under t…
11 O.S. § 29-103 Firefighters - How appointed
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The members of all paid municipal fire departments shall, on approval of the chief of the fire department, be appointed in the manner provided by law applicable to the form of municipal government for the appointment of municipal employees. Laws 1977, c. 256, § 29-103, eff. July …
11 O.S. § 29-103.1 Firefighters – Criminal history records check -
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Fingerprints. A. Prior to appointing a paid member of a municipal fire department, each department may conduct a national criminal history records check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes. B. Each applicant, upon request, shall furnish the departmen…
11 O.S. § 29-104 Tenure of office
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The chief and members of all paid municipal fire departments shall hold their respective positions unless removed for a good and sufficient cause as provided by applicable law or ordinance. Laws 1977, c. 256, § 29-104, eff. July 1, 1978.