Oklahoma § 22-1195 - Suspension from office - Time for trial - Change of judge

§ 22-1195. Suspension from office - Time for trial - Change of judge

or venue - Continuances - Filling vacancy temporarily - Voluntary

suspension of county officers.

(1) When the complaint for removal is filed, if, in addition to

the matter charged as ground for removal, the complaint shall also

pray that the officer charged be suspended from office pending the

investigation, the judge of the court may, if sufficient cause

appear from the charge or from the testimony, or affidavits then

presented, order the suspension of the accused from the functions of

his office until the determination of the matter. If the order of

suspension be made and the court be then in session, the accused

shall be entitled to a trial within ten (10) days, if he demands it.

If the court be not in session, then the accused shall be entitled

Oklahoma Statutes - Title 22. Criminal Procedure

to a trial on the first day of the next term. The accused shall

have the right to change of judge, or to a change of venue, on

application to the court, or to the judge if the court be not in

session, on making the showing required to change the venue in a

criminal case, and if the application be allowed the matter shall be

sent for trial to the nearest adjoining county, and in which the

objections stated as ground of change do not exist, and trial shall

be there had at the earliest possible date. But one such change

shall be allowed. The accused shall be entitled to continuance, as

in other cases. If the accused be not suspended from his office,

then the complainant may have a continuance, as in other criminal

cases. If a suspension take place, the board of county

commissioners may temporarily fill the office by appointment, but if

the officer suspended be a county commissioner, then the vacancy

shall be filled by temporary appointment made by the Governor.

(2) A county officer, other than a county commissioner, against

whom a complaint for removal has been filed, may voluntarily suspend

himself from office by filing an election of suspension at any time

after such complaint has been filed with the board of county

commissioners, which board shall temporarily fill the office by

appointment. If the officer be a county commissioner, then such

filing shall be made with the Governor of the State of Oklahoma, who

shall temporarily fill the office by appointment. If upon trial

such officer is found guilty, such temporary appointment shall

remain in effect until a successor is duly qualified as provided by

law, but if such officer is acquitted, such temporary appointment

shall expire at that time, and the person so acquitted shall

immediately resume his office.

R.L.1910 § 5606; Laws 1968, c. 129, § 1, emerg. eff. April 8, 1968.