Oklahoma § 19-138.9 - Counties of 200,000 or more

§ 19-138.9. Counties of 200,000 or more

In those counties with a population in excess of three hundred

thousand (300,000) under the latest Federal Decennial Census, the

county indigent defenders, for those counties subject to the

provisions of Section 138.1a of this title, shall perfect appeals

for those defendants which they represented in the trial court

unless an appellate conflict exists between two or more such

defendants, in which case the county indigent defender shall

Oklahoma Statutes - Title 19. Counties and County Officers

represent one defendant, the Oklahoma Indigent Defense System shall

represent one defendant, and the court may assign the appeal of the

case for any other defendants in the same manner as provided for

conflict at the trial level in Section 138.7 of this title. If an

appellate conflict of interest exists between the defendant and the

county indigent defender in a case in which the defendant has

received the death penalty, the district court may appoint the

Indigent Defense System to represent the defendant on appeal. The

Oklahoma Indigent Defense System shall also represent all indigent

defendants from such counties who were not represented at trial by

the county public defenders unless a conflict of interest on appeal

exists between defendants, in which case the Oklahoma Indigent

Defense System shall represent one defendant, the county indigent

defender shall represent one defendant and the court may assign the

appeal of the case for any other defendants in the same manner as

provided for conflict at the trial level in Section 138.7 of this

title.

Added by Laws 1981, c. 207, § 5, emerg. eff. May 26, 1981. Amended

by Laws 1992, c. 303, § 22, eff. July 1, 1992. Renumbered from

Title 22, § 1359 by Laws 1992, c. 303, § 32, eff. July 1, 1992.

Amended by Laws 1993, c. 298, § 3, eff. July 1, 1993; Laws 2001, c.

129, § 5, eff. July 1, 2001; Laws 2003, c. 200, § 2, emerg. eff. May

7, 2003.