{"data":{"id":"us-ok/okla.-stat.-tit.-19-19-138.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 19, § 19-138.5","heading":"Duties","body":"A. It shall be the duty of the office of the county indigent\n\ndefender to represent as counsel anyone who appears for arraignment\n\nwithout aid of counsel, and who has been informed by the judge that\n\nit is his right to have counsel, and who desires counsel, but is\n\nunable to employ such aid; and upon order of a district judge of\n\nsuch county he shall investigate any matter pending before the judge\n\nand report to him in the manner prescribed by the judge.\n\nB. When a defendant or, if applicable, his parent or legal\n\nguardian requests representation by the county indigent defender,\n\nsuch person shall submit an appropriate application, the form of\n\nwhich shall state that such application is signed under oath and\n\nunder the penalty of perjury and that a false statement may be\n\nprosecuted as such. The application shall state whether or not the\n\ndefendant has been released on bond. In addition, if the defendant\n\nhas been released on bond, the application shall include a written\n\nstatement from the applicant that he or she has contacted three (3)\n\nattorneys, licensed to practice law in this state, and the applicant\n\nhas been unable to obtain legal counsel. A nonrefundable\n\napplication fee of Fifteen Dollars ($15.00) shall be paid to the\n\ncourt clerk at the time the application is submitted, and no\n\napplication shall be accepted without payment of the fee; except\n\nthat the court may, based upon the financial information submitted,\n\nwaive the fee, if the person is in custody or if the court\n\ndetermines that the person does not have the financial resources to\n\npay the fee. Any fee collected pursuant to this subsection shall be\n\nretained by the court clerk as an administrative fee and deposited\n\nin the court fund. Before the court appoints the county indigent\n\ndefender based on the application, the court shall advise the\n\ndefendant or, if applicable, his or her parent or legal guardian\n\nthat the application is signed under oath and under the penalty of\n\nperjury. A copy of the application shall be sent to the prosecuting\n\nattorney or the Office of the Attorney General, whichever is\n\nappropriate, for review, and, upon request, the court shall hold a\n\nhearing on the issue of the eligibility for appointment of the\n\ncounty indigent defender.\n\nC. If the defendant is admitted to bail and the defendant or\n\nanother person on behalf of the defendant posts a bond, other than\n\nby personal recognizance, the court may consider such fact in\n\ndetermining the eligibility of the defendant for appointment of the\n\ncounty indigent defender; provided, however, such consideration\n\nshall not be the sole factor in the determination of eligibility.","path":["OK Code","Title 19"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os19.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"dc6844391ac516a2193726c5002218f8944221ef2cd51df19f2ff55476469854","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-19-19-138.4","next":"us-ok/okla.-stat.-tit.-19-19-138.6"},"notice":"GroundRules: Original legal text. Not legal advice."}