Oklahoma Statutes

Okla. Stat. tit. 22, § 1355.6 (2026)

Responsibility of System to indigent defendant

✓ current as of July 2026

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A. The Indigent Defense System shall have the responsibility of defending all indigents, as determined in accordance with the provisions of the Indigent Defense Act in all capital and felony cases and in all misdemeanor and traffic cases punishable by incarceration. In addition, the System shall have the responsibility of defending all indigent juveniles, as determined in accordance with the provisions of the Indigent Defense Act, in juvenile delinquency proceedings, adult certification proceedings, reverse certification proceedings, youthful offender proceedings, and any other cases pursuant to the Oklahoma Juvenile Code, other than mental health cases, in-need-of-supervision proceedings, and any other juvenile proceedings that are civil in nature. B. Upon prior approval by the Executive Director, the System may also represent indigents in other state proceedings, if such representation is related to the case for which the original appointment of the System was made and if not otherwise prohibited by the Indigent Defense Act. C. The Executive Director may select attorneys to handle indigent criminal cases from a list of attorneys who have agreed to accept assignments of such cases, who provide proof of professional liability insurance coverage, and who meet the qualifications established by the System for such assignments. Payment to such attorneys shall be made from the budget of the System. D. The Board shall have the authority to provide for representation for indigent criminal defendants and others for whom representation is required by either the Constitution or laws of this state by attorneys employed by the System. Added by Laws 1991, c. 238, § 7, eff. July 1, 1992. Amended by Laws 1992, c. 303, § 6, eff. July 1, 1992; Laws 1992, c. 357, § 7, eff. July 1, 1992; Laws 1993, c. 298, § 6, eff. July 1, 1993; Laws 1994, c. 229, § 3, eff. Sept. 1, 1994; Laws 1996, c. 301, § 5, eff. July

1, 1996; Laws 1997, c. 326, § 2, eff. Nov. 1, 1997; Laws 2001, c. 210, § 7, eff. July 1, 2001.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1992–2025 · leading case: Gibson v. Turpin, 513 S.E.2d 186 (Ga. 1999).

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Gibson v. Turpin, 513 S.E.2d 186 (Ga. 1999). · cites it 2× “26 (Anderson 1998) (subject to public defender discretion); Okla. Stat. Ann. tit. 22 § 1355.6 (B) (West Supp.”

Thomas v. Gibson, 218 F.3d 1213 (10th Cir. 2000). “Recognizing the force of this rule, Thomas nevertheless asserts that it does not apply in his case because Oklahoma law provides for the appointment of counsel in post-conviction proceedings in capital cases.”

Pybas v. The Honorable Jeff Crites, 2025 OK 63 (Okla. 2025). · cites it 24× “" 22 O.S.2021, § 1355.6 22 O.S.2021, § 1360 ¶5 On May 21, 2024, the Survivors' Act became law.”

Colclazier v. State Ex Rel. Oklahoma Indigent Def. Sys. Bd., 1997 OK 161 (Okla. 1997). “22 O.S.Supp.1992, § 1355.6. 3 . 22 O.S.Supp.”

Johnson v. Brock, 843 P.2d 852 (Okla. Crim. App. 1992). “22 O.S.Supp.1992, § 1355.6(D). Further, the appointment provisions of the 1992 Indigent Defense Act are retroactive to July 1, 1991, for capital cases.”

Question Submitted by: The Honorable Tammy West, Oklahoma House of Representatives, Dist. 84, 2023 OK AG 6 (Okla. Att’y Gen. 2023). · cites it 4× “22 O.S.2021, § 1355.6(A) (emphasis added).”

— Okla. Stat. tit. 22, § 1355.6(A) — 1 case

Question Submitted by: The Honorable Tammy West, Oklahoma House of Representatives, Dist. 84, 2023 OK AG 6 (Okla. Att’y Gen. 2023). “22 O.S.2021, § 1355.6(A) (emphasis added).”

— Okla. Stat. tit. 22, § 1355.6(B) — 2 cases

Gibson v. Turpin, 513 S.E.2d 186 (Ga. 1999). “26 (Anderson 1998) (subject to public defender discretion); Okla. Stat. Ann. tit. 22 § 1355.6 (B) (West Supp.”

Question Submitted by: The Honorable Tammy West, Oklahoma House of Representatives, Dist. 84, 2023 OK AG 6 (Okla. Att’y Gen. 2023). “22 O.S.2021, § 1355.6(A) (emphasis added).”

— Okla. Stat. tit. 22, § 1355.6(D) — 1 case

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