Okla. Stat. tit. 22, § 22-1195
This is the official text of Okla. Stat. tit. 22, § 22-1195, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Suspension from office - Time for trial - Change of judge
Official statutory text
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 Page 474
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.
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 Page 474
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.
Status: in_force · Read it on the official government site
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