Okla. Stat. tit. 22, § 22-1355A: Application for representation by the System

A. When an indigent requests representation by the Oklahoma

Indigent Defense System, such person shall submit an appropriate

application to the court clerk, which shall state that the

application is signed under oath and under the penalty of perjury

and that a false statement may be prosecuted as such. The

application shall state whether or not the indigent has been

released on bond. In addition, if the indigent has been released on

bond, the application shall include a written statement from the

applicant that the applicant has contacted three named attorneys,

licensed to practice law in this state, and the applicant has been

unable to obtain legal counsel.

B. 1. The Court of Criminal Appeals shall promulgate rules

governing the determination of indigency pursuant to the provisions

of Section 55 of Title 20 of the Oklahoma Statutes. The initial

determination of indigency shall be made by the Chief Judge of the

Judicial District or a designee thereof, based on the defendant’s

application and the rules provided herein.

2. Upon promulgation of the rules required by law, the

determination of indigency shall be subject to review by the

Presiding Judge of the Judicial Administrative District. Until such

rules become effective, the determination of indigency shall be

subject to review by the Court of Criminal Appeals.

C. Before the court appoints the System based on the

application, the court shall advise the indigent or, if applicable,

a parent or legal guardian, that the application is signed under

oath and under the penalty of perjury and that a false statement may

be prosecuted as such. A copy of the application shall be sent to

the prosecuting attorney or the Office of the Attorney General,

whichever is appropriate, for review. Upon request by any party

including, but not limited to, the attorney appointed to represent

the indigent, the court shall hold a hearing on the issue of

eligibility for appointment of the System.

D. If the defendant is admitted to bail and the defendant or

another person on behalf of the defendant posts a bond, other than

by personal recognizance, the court may consider such fact in

determining the eligibility of the defendant for appointment of the

System; provided, however, such consideration shall not be the sole

factor in the determination of eligibility.

E. The System shall be prohibited from accepting an appointment

unless a completed application for court-appointed counsel as

provided by Form 13.3 of Section XIII of the Rules of the Court of

Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of

record in the case.