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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Does a municipal judge in Oklahoma need to take an oath of

Customer Question

Does a municipal judge in Oklahoma need to take an oath of office and do they need to get a bond before executing the duties of their position?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
Article XV, Section 1, of the Oklahoma Constitution requires every public officer to take an oath of office. This constitutional provision is at:

http://oklegal.onenet.net/okcon/XV-1.html

There does not appear to be any requirement that a judicial officer post a bond of any kind before assuming office.

There is no direct correlation between the payment of any speeding fine and the funding of judicial salaries. However, part of the fines and court fees for all cases are used to fund the judicial system.
Jim Reilly and 4 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Does there have to be written evidence that the judge took an oath of office or is it only verbal in nature? If it is written, where/how would I be able to obtain a copy of the judge's oath?

Thanks!
Expert:  Jim Reilly replied 8 years ago.
The oath is:

"I, ........., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as ......... to the best of my ability."

The Oklahoma constitution also provides:

Section XV-2: Administration and filing of oath - Refusal to take - False swearing.

The foregoing oath shall be administered by some person authorized to administer oaths, and in the case of State officers and judges of the Supreme Court, shall be filed in the office of the Secretary of State, and in case of other judicial and county officers, in the office of the clerk of the county in which the same is taken ....

So, the oath of office for any municipal court judge should be on file in the county clerk's office of the county in which he is a judge. These oaths are public records, so accessible by any one who wishes to see them. The clerk's office will probably make a copy for you at a nominal cost.