Oklahoma § 22-1355.13 - Death penalty cases - Compensation of court-appointed

§ 22-1355.13. Death penalty cases - Compensation of court-appointed

attorneys.

A. In every case in which the defendant is subject to the death

penalty and an attorney or attorneys other than an attorney or

Oklahoma Statutes - Title 22. Criminal Procedure

attorneys employed by the Indigent Defense System are assigned to

the case by the System to provide representation, an attorney must

submit a claim in accordance with the provisions of the Indigent

Defense Act in such detail as required by the System. Except as

provided in subsection B of this section, total compensation for

non-System attorneys who serve as lead counsel in capital cases

shall not exceed Twenty Thousand Dollars ($20,000.00) per case.

Total compensation for a non-System attorney who is co-counsel with

a System or non-System attorney in a capital case shall not exceed

Five Thousand Dollars ($5,000.00) per case.

B. The maximum statutory fee established in this section may be

exceeded only upon a determination made by the Executive Director

and approved by the Board that the case is an exceptional one which

requires an extraordinary amount of time to litigate, and that the

request for extraordinary attorney fees is reasonable.

Added by Laws 1991, c. 238, § 14, eff. July 1, 1991. Amended by

Laws 1992, c. 303, § 10, eff. July 1, 1992; Laws 1992, c. 357, § 6,

eff. July 1, 1992; Laws 1998, c. 201, § 3, emerg. eff. May 11, 1998;

Laws 2001, c. 210, § 11, eff. July 1, 2001.

§22-1355.13A. Death penalty cases - Compensation of attorneys

appointed prior to July 1, 1991.

In any case wherein a defendant was subject to the death penalty

and counsel was appointed and assigned, prior to July 1, 1991, to

represent such defendant in the case because the defendant had no

means and was unable to employ counsel, the court shall allow and

direct to be paid from the Supreme Court Revolving Fund, unless

otherwise provided by law, reasonable and just compensation to the

counsel so assigned for such services as counsel may render, to

include expert and investigative services, as approved by the Chief

Justice of the Supreme Court. This section shall not apply to cases

assigned for trial to the Indigent Defense System.

In any case subject to the provisions of this section, wherein

the case is reversed and remanded for new trial on appeal, the case

shall be assigned pursuant to the Indigent Defense Act, Section

1355.1 et seq. of Title 22 of the Oklahoma Statutes, or pursuant to

Section 138.1 et seq. of Title 19 of the Oklahoma Statutes.

Added by Laws 1993, c. 245, § 20, eff. July 1, 1993. Amended by

Laws 1994, c. 225, § 14, eff. July 1, 1994.