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HomeMy WebLinkAbout187_Court Administration Procedure EstablishedORDINANCE NO. 187 AN ORDINANCE RELATING TO THE MUNICIPAL COURT OF THE CITY OF OWASSO, OKLAHOMA; AMENDING TTEIE PROCEDURE THEREOF RELATING TO COURT COSTS AND MAXIMUM, PENALTIES; ESTABLISHING WITNESS FEES; ESTABLISHING SUSPENDED OR DEFERRED SENTENCING PROCEDURES; SPECIFYING THE ORGANIZATION® PROCEDURE, AND ADMINISTRATION OF A JURY SYSTEM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; SECTION 8 This ordinance shall amend and supplement certain Ordinances heretofore enacted® and shall govern the organization and operation of the Municipal Court of the City of Owasso, Oklahoma, as implemented by the Owasso City Code (1973), containing all of the Ordinances of the City of Owasso, Oklahoma, of a permanent and general nature passed prior to April 2® 1973, and still in effect on that date® and filed in accordance with law® as is authorized by Title 11, Oklahoma Statutes, Sections 958 ®1 and 958.2. To the extent of conflict between any provisions of this Ordinance and the provisions of any other Ordinance of this City, provisions of this Ordinance shall control. This Ordinance shall be operative on and after the day of SECTION 2® That Section 12-21 of the Owasso City Code (1973) provides: "Sec. 12 -21® Costs® If judgment of conviction is entered® the Clerk of the Court shall tax the costs to the defendant in the sum of five, dollars ($5.00) plus the fees and mileage of jurors and witnesses, but the total amount of fine and costs may not exceed thirty-five dollars ($35.00)." be repealed and the following revision of said Section shall be enacted in lieu thereof: "Sec® 12-21. Costs® If judgment of the Clerk of the Court shall tax the in the sum of ten dollars ($10.00) p mileage of jurors and witnesses, but of fine and costs may not exceed one ($100.00).-' conviction is entered, costs to the defendant !us the fees and the total amount hundred dollars SECTION 3® That Section 1222 of the Owasso City Code (1973) provides: "Sec® 12 -22® Twenty dollars ($20.00) as maximum penalty until licensed attorney is appointed as judge. Pursuant to Title 11, Oklahoma Statutes, Section 958.7 sub-section (d), the City of Owasso, Oklahoma, through the Municipal Court, may not impose a fine and costs which taken together exceed twenty dollars ($20.00)7 until such time as the city appoints a licensed attorney as the judge of the Municipal Court, when, thereinafter, the Court may impose a fine and costs of thirty-five dollars ($35.00)." be repealed and the following revision of said Section shall be enacted in lieu thereof: "Sec® 12-22. Twenty Dollars ($20.00) as maximum penalty until licensed attorney is appointed as judge® Pursuant to Title 11, Oklahoma Statutes, Section 958 ®7 sub-section (d), the City of Owasso, Oklahoma, through the Municipal Court, may not impose a fine and costs which taken together exceed Twenty Dollars ($20.00)7 until such time as the City appoints a licensed attorney as the judge of the Municipal Court, when, thereinafter, the Court may impose a fine and costs of one Hundred Dollars ($100.00), unless otherwise provided herein; PROVIDED, that if the defendant is a juvenile, said fine and costs may not exceed Twenty Dollars ($20.00),, except for traffic violations." SECTION 4® Witness fees® Witnesses in any proceeding in the Court, other than police officers or peace officers, shall be entitled to two dollars ($2.00) per each day of attendance, plus five cents ($.05) 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 subpeona 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 filed an affidavit setting out: (1) the names of no more than three witnesses; (2) that the defendant, by reason of his poverty is unable to provide the fees and mileage allowed by law; (3) that the testimany of said witnesses is material; and (4) that their attendance at the trial is necessary for his proper defense. The fees of such witnesses shall be paid by the municipality. SECTION 5® Suspended or deferred sentences. After conviction and sentence, the judge may suspend or defer sentence, in accordance with the provisions of, and subject to the conditions and procedures imposes by, Sections 958.15 and 958.16 of Title 11, Oklahoma Statutes, 1975 Supplement. SECTION 6® Arraignment, 2leas, and waiver of jury trial. Upon making his appearance before the Court, the defendant shall be arraigned® The judge® or the attorney of the municipality shall read the complaint to the defendant, and inform him of his legal rights, including the right to trial by jury, if available, and of the consequences of conviction, and asking whether he pleads guilty or not guilty® If the defendant pleads guilty, the Court may proceed to judgment and sentence or may continue the matter for subsequent disposition° if the plea is not guilty, and the case is not before jury trial, the Court may proceed to try the case, or may set it for hearing at a later date. SECTION 7® Jury trial election® At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the Court respecting proceedings in the case® SECTION 8® Change of election® An election waiving Jury trial, made at arraignment--, may be changed by the defendant at any time prior to the day by which trial by the Court is set; an election demanding jury trial may be changed at any time prior to the commencement of proceedings to enpanel the ' Jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be rechanged so as again to demand trial by jury® SECTION 9. Jury selection® Whenever a calendar has been made up for the trial of cases by jury, a judge shall request in writing the presiding judge of the District Court for the Judicial District to cause the names of a stated number of jurors, demanded sufficient to dispose of the cases on the calendar, to be drawn from the jury wheel in accordance with the governing statutes of the State® and to be certified by the Clerk of the District Court to the judge of the Municipal Court. The request shall be made in time for the list to be certified and the jurors to be summoned legally before the trial of the calendar begins® If it is anticipated that the completion of the calendar will require more than two weeks, the request for jurors shall specify the number required for each two week period, as provided by law for the drawing of jurors for the District Court® additional drawings of other names also may be requested by the judge when necessary® in accordance with the law for such additional drawings in the District Court® if, in the future® provisions of the 'Law respecting the drawing of a jury list for the District Court are changed, the judge shall take such steps® requesting jury lists for the Court® as are necessary to comply with the State law. SECTION ICS® Jury summons and service® Upon receipt of the jury list® the Clerk of the Court shall cause a summons substantially in the following form to be issued and served upon each person upon the list: STATE OF OKLAHOMA ) ss® COUNTY OF TULSA TO: (Name of Juror) GREETINGS: You are hereby summoned to appear in the Municipal Court for the City of Owasso, Oklahoma, to be held at (specify the address, room number, etc.) on the day of 19 at the hour of (specify hour) to serve as a juror in said Court, and to continue in such service until discharged by the Court® Hereof fail not, under penalty of law. Issued under the authority of said Court, this day of la -Clerk of the Municipal Court of Owasso, Oklahoma (SEAL OF COURT) Service shall be made as the judge may prescribe by rule or direct by order, either in person upon the juror or by Chief of Police, or by any member of the -Police Force of this munici- pality, or by the Clerk of the Court, through certified mail, directed to the juror as the address is given in the jury list, with request for a personally signed return receipt® in any proceeding wherein service of summons by mail i PASSED and the Emergency Clause ruled on separately this day of > m J w 19 m Mayor ATTEST: Clerk 929%-e W City—AttorR PROOF OF `UBLICATION STATE OF OKLAHOMA, TULSA -JUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn, upon oath deposes and says that he is the publisher of the Owasso Reporter . . . . . . . . .................... a newspaper printed in the English language, in the City of Owasso ' * .......... Tulsa County, Oklahoma, having a bona * �o * *fide paid general circulation therein, and with entrance into the United States mail as second class mail matter in Tulsa County and published in said county where delivered to the United States mail, and that the notice by publication, a copy of which is hereto attached, was published in said newspaper for . . ?F.. . m . m .. * � consecutive weeks, the first publication being on th . . . . . 4th ............. day of . ...... 19 m m m and the last day of publication being on the . ................... day of .............. 19 . . . . . ., and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first publication of said notice, or advertisement, as required by Section one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended House Bill No. 495, 22nd Legislature, and thereafter, _:.,d complies with all of the prescriptions and require - nts the laws, of Oklahoma. (The advertisement above referred to is a true and printed copy. Said notice was published all erions of s ne apex and not in a 'zhed L there supplement th re . . . . . . . .. lie . Subscribed and sworn to before me by R. Retherford, Owasso Reporter p, lisher of the .............. this day of . WP�11 ........ 19 75 Notary 'Public' 8- Nly com:Mission expires 26-78 ............ 122.10 PTiBLISHERIS FEE $.... 1EGAt NOTICE Published in the Owasso Reporter, Owasso, Tulsa County, Okla., Thursday, Sept. 4, 1975. ORDINANCE NO. 197 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; -SECTION 1. This Or- Ow cor din Ow aut Okl 958. of pro, and othi pro sba .q (1973) I's jud ent Col to Sul ($5 mil wit am ma fiv( SECTION 3. That Section 12-22 of the Owasso City Code 1973) provides: "See. 12-22. Twenty dollars ($20.00) as maximum penalty until licensed attorney is appointed as judge, Pursuant to Title 11, Oklahoma Statutes, Section 958.7 sub-section (d), the City of Owasso, Oklahoma, through the Municipal Court, may not impose a fine and costs which taken together exceed twenty dollars ($20.00); until such time as the city appoints a licensed at- torney as the judge of the Municipal Court, when, — - 1— -1 )f the City of thereinafter, the Court Oklahoma, of a may impose a fine and . and general costs of thirty-five ,ed prior to April dollars ($35.00 still in effect on and filed in ac- be repealed and the vith law, as is by Title 11, following revision of said Statutes, Section Section shall be enacted in 8.2. To the extent lieu thereof: � between any ,f this Ordinance "See. 12-22. Twenty ovisions of any Dollars ($20.00) as ance of this City, maximum penalty, until )f this Ordinance licensed attorney is 1. This Ordinance appointed as judge. )erative on and Pursuant to Title 11, ay of September, Oklahoma Statutes, Section 958.7 sub-section (d); the City of Owasso, 2, That Section Oklahoma, through the )wasso City Code Municipal Court, may ides: not impose a fine and costs which taken Costs. If together exceed Twenty , it of conviction is dollars ($20.00); until the Clerk of the such time as the City allijax the costs appoints a licensed at- ef e1dant in the torney as the judge of the I five dollars Municipal Court, when, Jus'Ahe fees and thereinafter, the Court V ;­­ ­A may impose a fine and be repealed and the following revision of said Section shall be enacted in lieu thereof: "See. 12-21. Costs. If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant in the sum of ten dollars ($10.00) plus the fees and milonao of iiir^rc nrrl )URT COSTS ANN) witnesses, but the total AXIMUM PENALTIES; amount of fine and costs 3TABLISHING WITNESS may not exceed one! hundred d o l l a r s ($100.00).11 o wise provided herein; PROVIDED, that if the defendant is a juvenile, said fine and costs may not exceed Twenty dollars ($20.00), except for traff ic violations." required for each two <week Service shall be made as the him of his legal rights, in- period, as provided by law judge may prescribe by rule eluding the right to trial by for the drawing; of jurors for or direct by order, either in SECTION 4. witness fees. jury, if available, and of the the District Court, additional person upon the juror or by (itnesses in any proceeding consequences of conviction, drawings of other names Chief of Police, : or by any � the Court, other than and asking whether he also may be requested by the member of the Police Force olice officers or peace pleads guilty or not guilty; If judge when necessary, in of this municipality, or by cers, shall be entitled to ffiIfi dollars shall be per each the defendant pleads guilty, accordance with the law for the Clerk of the Court, lay of attendance, :plus five the Court may proceed to such additional drawings in through certified mail, ($.05) for each mile judgment and sentence or the District Court. If, in the directed to the juror as the :ants may continue the matter for future, provisions of the law address is given in the ,.jury jetually and necessarily subsequent disposition. If respecting the drawing of a list, with request for a raveled in going to and returning from the place o£ the plea is not guilty, and the jury list for the District personally signed return if their case is not before' jury trial, Court are changed, the judge receipt. In any proceeding attendance, , is outside the the Court may proceed to try shall 'take such steps, wherein service of summons residence limits of the municipality. the case, or may set it for requesting jury lists for the by mail is in issue, evidence However, no witness shall hearing at a later date. Court, as are necessary to comply, with the State law. of the due mailing of the summons by the Clerk or by receive fees or mileage in SECTION 7, Jury trial member of the staff and the more than one case for the election. At arraignment, presentation of an official same period of time or the the defendant shall be asked postal return receipt pur- same ,travel. A defendant whether he demands ' or SECTION lo. Jury suns- Y portedly; signed by the ad- seeking to subpeona wit- waives trial by jury. His mgrs and service, Upon dresses shall be prima facia nesses must deposit with the election shall be recorded in receipt; of the jury list, the evidence that the summons Clerk a sum 'sufficient to the minutes of the Clerk of the Court shall cause was duly received by the cover fee mileage for arraignment and entered on a summons substantially e addressee, and, therefore, of at one day attendance for the docket of the Court the following form to that he was properly served e each witness to be cum- respecting proceedings ` in each issued and served upon each therewith moned, but such deposit the case. person; upon the list: shall not be required from an SECTION 1I • indigent defendant who filed STATE OF OKLAHOMA in the Court ®f jury, A jury �n the Court jury. an affidavit' setting out: (1) SECTION 8, Change of ss shall consist of six jurors, the names of no more than election. An election waiving COUNTY OF TULSA goad and lawful men or three witnesses; (2) that the jury trial, made at be women, citizens the defendant, by reason of his arraignment, may TO: (Name of Juror) to County of Toss State poverty is unable to provide changed by the defendant at e Oklahoma, possessing the the fees and mileage allowed g an time prior to the day by Y p GREETINGS: qualifications of jurors in the by law; (3) that the which trial by the Court is Court- District' Court. testimony of said witnesses set; an election demanding you are hereby summoned is material; and (4) that jury trial may be changed at to appear in the Municipal SECTION 12 „jurors place. their attendance at the trial any time prior to the eom- Court for the City of Owasso, After the jurors are sworn, is necessary for his proper mencement of proceedings Oklahoma, to be held at they must sit together and defense. The fees of such to enpanel the jury for the (specify the address, room hear the proofs and oral witnesses shall be paid by trial, but if that change number, etc.) on the .. arguments of the parties, the municipality. occurs after the case' has day of ... ` ...... which must be delivered in been set for jury trial, it may 19 • , , at the hour of public and in the presence of SECTION 5. Suspended or not thereafter be recharged (specify hour) to serve as a the defendant. deferred sentences. After so as again to demand trial juror in said Court, and to conviction and sentence, the by jury. continue in such service until SEC'T'ION 1:3. Number of judge may suspend or defer discharged by the Court, jurors necessary for con - sentence, in accordance with the .:provisions of, and sub- SECTION 9, Jury setae- Hereof fail not, under vaction. A verdict of the jury rendered by a vote of ject to the conditions and ton. Whenever a calendar has been made up for the p enalty of law. fray u five jurors. procedures imposes by, Section 958.15 and 958.16 of trial of eases by jury, a judge Issued under the authority SECTION 14. Duties of Title 11, Oklahoma' Statutes, shall request in writing the presiding judge of the of said!Court, this day judge in jury trial, In all 1975 Supplement. District Court for the of . ' actions tried before a jury, SECTION 6. Arraignment, Judicial District to cause the names of a stated number of 19 . . • .. the judge shall determine all questions of law, including pleas, and waiver of jury trial. Upon' making his ap- jurors, demanded sufficient r the Clerk of Municipal Court of questions as to the in- of evidence,; pearance before the Court, be to dispose of the cases on the calendar, to be drawn from Owasso;' Oklahoma ' troduction arising during the trial. He the defendant shall arraigned. The judge, or the the jury wheel in accordance also shall instruct the jury as attorney of the municipality with the governing statutes the State, and to be cer (SEAL 0 COURT) to the law. shall read the complaint to the defendant, and inform of tified by the Clerk of the SECTION 15. Jury verdict,: of the jury, in all District Court to the judge of the Municipal Court' The The verdict cases, must be general. shall be made in - When the Court has arrived its verdict, it must deliver time for the list to be cer at tified and the jurors to be Cora on Following Page summoned legally before the trial of the calendar begins. If it is anticipated that the = completion of the calendar will require more than two Con't From Page Six the verdict publicly to the ourt. The judge must enter the verdict in the docket or cause it to be so entered. SECTION 16. Discharge of the jury. The jury must not be discharged after the cause is submitted to it until a verdict is rendered, unless the judge, for gnm rte„ o which event the Court may proceed again to trial, and so on, until a verdict is ren- dered, S E C: F' I 0 N 1 7. Renumera ion of jlaa oa s. Jurors shall receive for their service the sum of $7.50 per day, plus mileage at the rate of ten cents ($.10) per mile for each mile necessarily traveled by the most direct routing going to and from the Court from their respective alaces of residence, and such 'nileage shall be : allowed anly_ once each week. The claims for such com- )ensation shall show the ovation of the jurors esidence and the route and Riles traveled, and must be of the municipality. SECTION 18. It being immediately ;necessary for the preservation of the public peace:, health and safety, an emergency is hereby declared to exist, by reason whereof this Or- dinanee shall take effect and be in full force from and after its passage and ap- proval, PASSED and the Eme- rgency Clause ruled on separately this 2nd day of September, .1975. Jerrald Holt Mayor ATTEST. Marcia G. Riggs City Clerk APPROVED: W. W. VanDali City Attorney