{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1355a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1355A","heading":"Application for representation by the System","body":"A. When an indigent requests representation by the Oklahoma\n\nIndigent Defense System, such person shall submit an appropriate\n\napplication to the court clerk, which shall state that the\n\napplication is signed under oath and under the penalty of perjury\n\nand that a false statement may be prosecuted as such. The\n\napplication shall state whether or not the indigent has been\n\nreleased on bond. In addition, if the indigent has been released on\n\nbond, the application shall include a written statement from the\n\napplicant that the applicant has contacted three named attorneys,\n\nlicensed to practice law in this state, and the applicant has been\n\nunable to obtain legal counsel.\n\nB. 1. The Court of Criminal Appeals shall promulgate rules\n\ngoverning the determination of indigency pursuant to the provisions\n\nof Section 55 of Title 20 of the Oklahoma Statutes. The initial\n\ndetermination of indigency shall be made by the Chief Judge of the\n\nJudicial District or a designee thereof, based on the defendant’s\n\napplication and the rules provided herein.\n\n2. Upon promulgation of the rules required by law, the\n\ndetermination of indigency shall be subject to review by the\n\nPresiding Judge of the Judicial Administrative District. Until such\n\nrules become effective, the determination of indigency shall be\n\nsubject to review by the Court of Criminal Appeals.\n\nC. Before the court appoints the System based on the\n\napplication, the court shall advise the indigent or, if applicable,\n\na parent or legal guardian, that the application is signed under\n\noath and under the penalty of perjury and that a false statement may\n\nbe prosecuted as such. A copy of the application shall be sent to\n\nthe prosecuting attorney or the Office of the Attorney General,\n\nwhichever is appropriate, for review. Upon request by any party\n\nincluding, but not limited to, the attorney appointed to represent\n\nthe indigent, the court shall hold a hearing on the issue of\n\neligibility for appointment of the System.\n\nD. 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\nSystem; provided, however, such consideration shall not be the sole\n\nfactor in the determination of eligibility.\n\nE. The System shall be prohibited from accepting an appointment\n\nunless a completed application for court-appointed counsel as\n\nprovided by Form 13.3 of Section XIII of the Rules of the Court of\n\nCriminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of\n\nrecord in the case.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"af56b5afd7c98b8fabf8281f960d6f112daaa14e43f8479c39b1e851b3c5c59a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1355.9","next":"us-ok/okla.-stat.-tit.-22-22-1356"},"notice":"GroundRules: Original legal text. Not legal advice."}