THAT THE CITY IN QUESTION HAS EITHER A CHARTER PROVISION OR AN ORDINANCE MIRRORING THIS LANGUAGE.
A STATUTORY CITY'S CLERK IS DECLARED TO HAVE THE FOLLOWING DUTIES, UNDER 11 O.S. 27-109:
"1. ASSIST THE JUDGE IN RECORDING THE PROCEEDINGS OF THE COURT, PREPARATION OF WRITS, PROCESSES, OR OTHER PAPERS;
2. ADMINISTER OATHS REQUIRED IN JUDICIAL OR OTHER PROCEEDINGS BEFORE THE COURT;
3. BE RESPONSIBLE FOR THE ENTRY OF ALL PLEADINGS, PROCESSES, AND PROCEEDINGS IN THE DOCKETS OF THE COURT;
4. PERFORM SUCH OTHER CLERICAL DUTIES IN RELATION TO THE PROCEEDINGS OF THE COURT AS THE JUDGE SHALL DIRECT; AND
5. RECEIVE AND GIVE RECEIPT FOR AND DISBURSE OR DELIVER TO THE MUNICIPAL TREASURER ALL FINES, FORFEITURES, FEES, DEPOSITS, AND SUMS OF MONEY PROPERLY PAYABLE TO THE MUNICIPAL COURT. SUCH FUNDS AND SUMS OF MONEY WHILE IN THE CUSTODY OF THE CLERK SHALL BE DEPOSITED AND DISBURSED UPON VOUCHERS AS DIRECTED BY THE MUNICIPAL GOVERNING BODY.
ID.
THE COURT CLERK IS REQUIRED TO BE BONDED IN AN AMOUNT TO BE SET BY THE GOVERNING BODY OF THE MUNICIPALITY, AND HAS AN OBLIGATION TO FORWARD TO THE MUNICIPAL TREASURER ALL FEES, FINES AND FORFEITURES COMING INTO THE COURT. 11 O.S. 27-111 (1981); 11 O.S. 27-112 (1987). A FULL REVIEW OF THE STATUTORY DUTIES THAT MIGHT BE REQUIRED OF THE MUNICIPAL COURT CLERK INDICATES THAT THEY ARE LARGELY, IF NOT WHOLLY, MINISTERIAL IN NATURE. MY REVIEW OF THE MATERIALS THAT YOU TRANSMITTED INDICATES THAT THE MUNICIPAL ORDINANCES IN QUESTION TRACK THE STATUTORY LANGUAGE REFERRED TO ABOVE VERY CLOSELY.
THE STATE AND MUNICIPAL TRAFFIC BAIL BOND ACT, 22 O.S. 1115, ET SEQ., WAS ADOPTED INTO LAW BY THE 1986 LEGISLATURE. IT REVAMPS THE STATUTORY PROVISIONS REGARDING THE ACCEPTANCE OF BAIL FOR TRAFFIC OFFENSES. WITHOUT GOING INTO GREAT DETAIL REGARDING THE ACT, IT PROVIDES FOR A UNIFORM SYSTEM OF HANDLING ARRESTS AND APPEARANCES IN COURT STEMMING FROM MISDEMEANOR TRAFFIC VIOLATIONS. 22 O.S. 1115.1(D) STATES THAT A DEFENDANT RELEASED UPON PERSONAL RECOGNIZANCE MAY ELECT TO ENTER A PLEA OF GUILTY OR NOLO CONTENDERE AT ANY TIME BEFORE HE IS REQUIRED TO APPEAR FOR ARRAIGNMENT BY INDICATING THAT FACT ON THE COPY OF THE CITATION ISSUED TO HIM, OR A COPY THEREOF, AND THE PAYMENT OF WHATEVER FINE AND COSTS ARE INVOLVED IN THE MATTER. SUBSECTION (D) STATES, IN PERTINENT PART:
"THE DEFENDANT SHALL BE RESPONSIBLE FOR ASSURING FULL PAYMENT OF THE FINE AND COSTS TO THE APPROPRIATE COURT CLERK."
EXCEPT WITH REFERENCE TO THE EXCEPTION FOUND IN 22 O.S. 1115.2(C)(1)(A) (1987), THE ACT ENVISIONS THAT IT IS THE DUTY AND OBLIGATION OF THE DEFENDANT TO INSURE THAT ANY FINE PAYMENT BE RECEIVED BY THE APPROPRIATE COURT CLERK. YOU INQUIRE, IN THIS VEIN, WHETHER IT IS POSSIBLE FOR THE POLICE OFFICER WHO WOULD ACT AS THE COURT CLERK TO ACCEPT THESE PLEAS AND FINE PAYMENTS, IN LIGHT OF THE PERCEIVED INTENT THAT THE OFFICER MAKING THE ARREST IN SUCH CASES NOT NORMALLY BE RESPONSIBLE FOR HANDLING THESE PLEAS AND FINE PAYMENTS.
WHETHER OR NOT IT WOULD BE