Okla. Stat. tit. 22, § 1356
Appellate Public Defender - Designation, Appointment, Qualifications - Policies - Duties - Budget
Effective Jul 1, 1996Laws 1981, c. 207, § 2, emerg. eff. May 26, 1981; Amended by Laws 1988, c. 253, § 5, operative July 1, 1988; Amended by Laws 1991, c. 238, § 16, eff. July 1, 1991; Amended by Laws 1992, HB 1364, c. 303, § 12, emerg. eff. July 1, 1992; Amended by Laws 1993, c. 298, § 8, eff. July 1, 1993; Amended by Laws 1994, c. 328, § 6, eff. July 1, 1994; Amended by Laws 1996, c. 301, § 9, eff. July 1, 1996.
- A. The System shall perfect all direct appeals and post-conviction proceedings in all state courts for all capital cases assigned to the System by Oklahoma district courts, except for direct appeals for indigent defendants represented by the county indigent defender in counties subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes, and shall perfect or award contracts to perfect all other direct appeals to the Oklahoma Court of Criminal Appeals for the remaining cases assigned to the System by the Oklahoma district courts. In addition, attorneys of the System may represent indigents who have been sentenced to death in federal habeas corpus proceedings in any United States Court when the System is appointed and adequate federal funds for such representation are designated by the federal court System for that purpose.
- B. The System shall perfect or award contracts to perfect all appeals for indigent defendants from counties subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes who were not represented at trial by the county indigent defenders, unless the Executive Director determines that a conflict of interest exists, in which case the county indigent defender shall be appointed to represent the indigent defendant. If the district court determines that the county indigent defender has a conflict of interest, the court 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.
- C. The System also may represent the indigents for whom the System has been appointed in other proceedings, if such representation is related to the case for which the original appointment was made and if not otherwise prohibited by the Indigent Defense Act. The provisions of this subsection shall not authorize attorneys for the System to represent indigents in civil rights actions brought pursuant to state or federal law in any court or represent clients in any proceeding unless prior approval is granted by the Board.
Laws 1981, c. 207, § 2, emerg. eff. May 26, 1981; Amended by Laws 1988, c. 253, § 5, operative July 1, 1988; Amended by Laws 1991, c. 238, § 16, eff. July 1, 1991; Amended by Laws 1992, HB 1364, c. 303, § 12, emerg. eff. July 1, 1992; Amended by Laws 1993, c. 298, § 8, eff. July 1, 1993; Amended by Laws 1994, c. 328, § 6, eff. July 1, 1994; Amended by Laws 1996, c. 301, § 9, eff. July 1, 1996.