All data is current as of 2013, unless otherwise noted.
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How the right to counsel is administered and structured
State commission: yes – limited authority
Branch of government: executive
Oklahoma has a 5-person Board of Directors appointed by the governor with advice and consent of the Senate. The board oversees the executive branch Oklahoma Indigent Defense System (OIDS). OIDS is responsible for providing trial-level, appellate, and post-conviction criminal defense representation to the indigent accused in 75 of the state’s 77 counties.
Both Tulsa County (Tulsa) and Oklahoma County (Oklahoma City) operate right to counsel systems outside of the OIDS state system, through the Tulsa County Public Defenders and the Oklahoma County Public Defender respectively.
How the right to counsel is funded
Percentage of state funding: 68%
Percentage of local funding: 32%
Percentage of alternative funding: 0%
The methods used to provide public counsel
Both Tulsa County (Tulsa) and Oklahoma County (Oklahoma City) established public defender offices prior to the creation of the Oklahoma Indigent Defense System. Those two counties continue to provide services outside of the statewide system, through the Tulsa County Public Defenders and the Oklahoma County Public Defender respectively.
The Oklahoma Indigent Defense System (OIDS) provides all right to counsel services outside of Tulsa and Oklahoma counties. Non-capital trial services are provided by staff public defenders operating out of one of four offices (Clinton, Mangum, Norman, and Sapulpa), collectively serving 16 counties. Capital trial services are provided by staff public defenders in either the Norman or the Tulsa offices. Private attorneys under contract to OIDS provide services in conflict cases.
Legal authority
Oklahoma Constitution, art. II, § 20
Oklahoma Statutes, tit. 19, §§ 138.1a through 138.10 (county public defender office in Oklahoma and Tulsa counties), and tit. 22, §§ 1355 through 1370.1 (state indigent defense act)
Source of data: original research conducted by Sixth Amendment Center staff, augmented by Oklahoma County Annual Budget 2013-2014, Tulsa County Annual Budget 2013-2014, and budget information from the OIDS website.
