Okla. Stat. tit. 10, § 24
Repealed
Effective Jun 3, 1998Former 10 O.S. § 24, added by Laws 1941, HB 325, p. 19, § 2, emerg. eff. May 9, 1941, was repealed by Laws 1961, HB 1015, p. 15, § 1, emerg. eff. July 21, 1961; Added by Laws 1968, HB 1108, c. 163, § 1, emerg. eff. April 11, 1968; Amended by Laws 1989, SB 292, c. 363, § 1, eff. November 1, 1989; Amended by Laws 1994, SB 905, c. 340, § 1; Amended by Laws 1996, SB 895, c. 301, § 1, emerg. eff. July 1, 1996; Amended by Laws 1998, SB 1249, c. 342, § 1, emerg. eff. June 3, 1998 (superseded document available).
A.
- 1. When it appears to the court that a minor or the minor's parent or guardian desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel.
- 2. In any case in which it appears to the court that there is a conflict of interest between a parent or guardian and a child so that one attorney could not properly represent both, the court may appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or guardian; provided, that in all counties having county indigent defenders, the county indigent defenders assume the duties of representation in proceedings such as above.
3. In no case shall the court appoint counsel to represent a grandparent of a minor, unless the grandparent is the duly appointed guardian of the minor or the court finds:
- a. that the grandparent is functioning as the guardian of the minor, or
- b. that the appointment of counsel for the grandparent is in the best interests of the child.
- B. In all cases of juvenile delinquency proceedings and appeals, adult certification proceedings and appeals, reverse certification proceedings and appeals, youthful offender proceedings and appeals and any other proceedings and appeals pursuant to the Oklahoma Juvenile Code, except mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, other than in counties where the county indigent defenders are appointed, the court shall, where counsel is appointed and assigned, allow and direct to be paid by the Oklahoma Indigent Defense System, a reasonable and just compensation to the attorney or attorneys for such services as they may render. In all other cases pursuant to this title and in juvenile mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, except in counties where county indigent defenders are appointed, the court shall, if counsel is appointed and assigned, allow and direct to be paid from the local court fund, a reasonable and just compensation to the attorney or attorneys for such services as they may render; provided, that any attorney appointed pursuant to this subsection shall not be paid a sum in excess of One Hundred Dollars ($100.00) for services rendered in preliminary proceedings, and such compensation shall not exceed Five Hundred Dollars ($500.00) for services rendered during trial and not to exceed One Hundred Dollars ($100.00) for services rendered at each subsequent post-disposition hearing.
Former 10 O.S. § 24, added by Laws 1941, HB 325, p. 19, § 2, emerg. eff. May 9, 1941, was repealed by Laws 1961, HB 1015, p. 15, § 1, emerg. eff. July 21, 1961; Added by Laws 1968, HB 1108, c. 163, § 1, emerg. eff. April 11, 1968; Amended by Laws 1989, SB 292, c. 363, § 1, eff. November 1, 1989; Amended by Laws 1994, SB 905, c. 340, § 1; Amended by Laws 1996, SB 895, c. 301, § 1, emerg. eff. July 1, 1996; Amended by Laws 1998, SB 1249, c. 342, § 1, emerg. eff. June 3, 1998 (superseded document available).