Oklahoma § 22-1358 - Reassignment of cases

§ 22-1358. Reassignment of cases

If the Executive Director determines that a conflict exists

after evaluating a case assigned pursuant to Section 1356 of this

Oklahoma Statutes - Title 22. Criminal Procedure

title, the Executive Director shall reassign the case in the same

manner as is provided for conflicts at the trial level in Section

1355.7 of this title, unless the case is from a county subject to

the provisions of Section 138.1a of Title 19 of the Oklahoma

Statutes and the indigent defendant was not represented at trial by

the county indigent defender. If the Executive Director determines

a conflict exists in a case from a county subject to the provisions

of Section 138.1a of Title 19 of the Oklahoma Statutes and the

indigent defendant was not represented at trial by the county

indigent defender, the county indigent defender shall be appointed

to represent the indigent defendant. The appointment of the county

indigent defender shall be made by the district court at the time

the appeal is initiated or by the Court of Criminal Appeals after

the appeal is initiated. If the district court, at the time the

appeal is initiated, or the Court of Criminal Appeals, after the

appeal has been initiated, determines that the county indigent

defender also has a conflict of interest in the case, the district

court, initially or on remand from the Court of Criminal Appeals,

shall appoint counsel in the same manner as is provided for

conflicts at the trial level in Section 138.7 of Title 19 of the

Oklahoma Statutes, by reassigning the case to another county

indigent defender, an attorney who represents indigents pursuant to

contract, or a private attorney has agreed to accept such

appointments.

Added by Laws 1981, c. 207, § 4, emerg. eff. May 26, 1981. Amended

by Laws 1992, c. 303, § 13, eff. July 1, 1992; Laws 1994, c. 328, §

7, eff. July 1, 1994; Laws 1996, c. 301, § 10, eff. July 1, 1996;

Laws 2001, c. 210, § 14, eff. July 1, 2001.