Oklahoma Statutes Citationized
Title 22. Criminal Procedure
Chapter 25 - Miscellaneous Provisions
Indigent Defense Act
Section 1355.6 - Responsibility to Defend All Indigents - Application Procedure
Cite as: O.S. §, __ __
A. The Indigent Defense System
shall have the responsibility of defending all indigents, as determined in
accordance with the provisions of the Indigent Defense Act in all capital and
felony cases and in all misdemeanor and traffic cases punishable by
incarceration. In addition, the System shall have the responsibility of
defending all indigent juveniles, as determined in accordance with the
provisions of the Indigent Defense Act, in juvenile delinquency proceedings,
adult certification proceedings, reverse certification proceedings, youthful
offender proceedings, and any other cases pursuant to the Oklahoma Juvenile
Code, other than mental health cases, in-need-of-supervision proceedings, and
any other juvenile proceedings that are civil in nature.
B. Upon prior approval by the Executive Director, the System may also represent indigents in other state proceedings, if such representation is related to the case for which the original appointment of the System was made and if not otherwise prohibited by the Indigent Defense Act.
C. The Executive Director may select attorneys to handle indigent criminal cases from a list of attorneys who have agreed to accept assignments of such cases, who provide proof of professional liability insurance coverage, and who meet the qualifications established by the System for such assignments. Payment to such attorneys shall be made from the budget of the System.
D. The Board shall have the authority to
provide for representation for indigent criminal defendants and others for whom
representation is required by either the Constitution or laws of this state by
attorneys employed by the System.
Historical Data
Laws 1991, HB 1612, c. 238, § 7, emerg. eff. July 1, 1992; Amended by Laws 1992, HB 1364, c. 303, § 6, emerg. eff. July 1, 1992; Amended by Laws 1992, SB 764, c. 357, § 7, emerg. eff. July 1, 1992; Amended by Laws 1993, HB 1366, c. 298, § 6, emerg. eff. July 1, 1993; Amended by Laws 1994, SB 1143, c. 229, § 3, eff. September 1, 1994; Amended by Laws 1996, SB 895, c. 301, § 5, emerg. eff. July 1, 1996; Amended by Laws 1997, SB 675, c. 326, § 2, eff. November 1, 1997 (superseded document available); Amended by Laws 2001, HB 1804, c. 210, § 7, emerg. eff. July 1, 2001 (superseded document available).
Citationizer® Summary of Documents Citing This Document| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Attorney General's Opinions | |||
| Cite | Name | Level | |
| 2023 OK AG 6, | Question Submitted by: The Honorable Tammy West, Oklahoma House of Representatives, District 84 | Cited | |
| Oklahoma Court of Criminal Appeals Cases | |||
| Cite | Name | Level | |
| 1992 OK CR 83, 843 P.2d 852, | JOHNSON v. BROCK | Cited | |
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 1997 OK 161, 951 P.2d 622, 69 OBJ 57, | COLCLAZIER v. STATE ex rel. OKLAHOMA INDIGENT DEFENSE SYSTEM BOARD | Cited | |
| 2025 OK 63, 578 P.3d 1209, | PYBAS v. THE HONORABLE JEFF CRITES | Discussed at Length | |
| Title 22. Criminal Procedure | |||
| Cite | Name | Level | |
| 22 O.S. 1355.8, | Selection and Appointment of Attorneys - Award of Contracts - Eligibility - Fees | Discussed at Length | |
| Cite | Name | Level | |
|---|---|---|---|
| Title 22. Criminal Procedure | |||
| Cite | Name | Level | |
| 22 O.S. 1355.6, | Responsibility to Defend All Indigents - Application Procedure | Cited | |