Oklahoma § 19-138.5 - Duties

§ 19-138.5. Duties

A. It shall be the duty of the office of the county indigent

defender to represent as counsel anyone who appears for arraignment

without aid of counsel, and who has been informed by the judge that

it is his right to have counsel, and who desires counsel, but is

unable to employ such aid; and upon order of a district judge of

such county he shall investigate any matter pending before the judge

and report to him in the manner prescribed by the judge.

Oklahoma Statutes - Title 19. Counties and County Officers

B. When a defendant or, if applicable, his parent or legal

guardian requests representation by the county indigent defender,

such person shall submit an appropriate application, the form of

which shall state that such application is signed under oath and

under the penalty of perjury and that a false statement may be

prosecuted as such. The application shall state whether or not the

defendant has been released on bond. In addition, if the defendant

has been released on bond, the application shall include a written

statement from the applicant that he or she has contacted three (3)

attorneys, licensed to practice law in this state, and the applicant

has been unable to obtain legal counsel. A nonrefundable

application fee of Fifteen Dollars ($15.00) shall be paid to the

court clerk at the time the application is submitted, and no

application shall be accepted without payment of the fee; except

that the court may, based upon the financial information submitted,

waive the fee, if the person is in custody or if the court

determines that the person does not have the financial resources to

pay the fee. Any fee collected pursuant to this subsection shall be

retained by the court clerk as an administrative fee and deposited

in the court fund. Before the court appoints the county indigent

defender based on the application, the court shall advise the

defendant or, if applicable, his or her parent or legal guardian

that the application is signed under oath and under the penalty of

perjury. A copy of the application shall be sent to the prosecuting

attorney or the Office of the Attorney General, whichever is

appropriate, for review, and, upon request, the court shall hold a

hearing on the issue of the eligibility for appointment of the

county indigent defender.

C. If the defendant is admitted to bail and the defendant or

another person on behalf of the defendant posts a bond, other than

by personal recognizance, the court may consider such fact in

determining the eligibility of the defendant for appointment of the

county indigent defender; provided, however, such consideration

shall not be the sole factor in the determination of eligibility.

Added by Laws 1961, p. 211, § 5, emerg. eff. Aug. 7, 1961. Amended

by Laws 1991, c. 238, § 26, eff. July 1, 1991; Laws 1992, c. 357, §

3, eff. July 1, 1992; Laws 1993, c. 298, § 1, eff. July 1, 1993;

Laws 2018, c. 194, § 1, eff. Nov. 1, 2018.