Agency Overview

Trial Program consists of three divisions which provide representation to agency clients who have been judicially determined to be unable to afford counsel to defend against charges brought by the State.  The right to counsel at State expense was established by the United States Supreme Court in Gideon v. Wainwright, 371 U.S. 335 (1963).  The right to expert assistance at State expense was established by the United States Supreme Court in Ake v. Oklahoma, 470 U.S. 68 (1985).  The purpose of the Trial Program is to fulfill the State’s obligations that accompany the right to represent a defense to criminal charges, including requirements imposed by the Federal Constitution.

The Non-Capital Trial Division is responsible for providing defense representation for the agency’s largest group of court-appointed clients.  It is responsible for providing services in 75 of the State’s counties, excluding Oklahoma and Tulsa counties.
The division provides legal defense services in four ways:

• Flat-rate fiscal year contracts with private attorneys in 55 counties.
• Satellite offices with salaried staff attorneys in 31 counties.
• Assignment of conflict cases to private attorneys who have agreed to accept such cases at established agency hourly rates, subject to statutory maximums set by the Indigent Defense Act.
• Assignment of cases to a roving attorney.

The Division satellite offices are located in areas where contract expenses have been typically higher, or there was in inadequate level of interest expressed by the private sector in providing the necessary legal services.

The Altus office provides legal services for appointments in Greer, Harmon, Kiowa, Jackson and Tillman Counties.

The Cleveland County office provides legal services in Cleveland County.

The Clinton office provides legal services for appointments in Beckham, Custer, Dewey, Ellis, Roger Mills, Washita and Woodward Counties.

The Guymon office provides legal services for appointments in Beaver, Cimarron, Texas and Harper Counties.

The Enid office provides legal services for appointments in Alfalfa, Blaine, Garfield, Grant, and Kingfishers Counties.

The Lawton office provides legal services for appointments in Comanche and Stephens Counties.

The Okmulgee office provides legal services for appointments in Okfuskee and Okmulgee Counties.

The Sapulpa office provides legal services for appointments in Creek County.

The Pryor office provides legal services for appointments in Mayes County.

The Poeatu office provides legal services for appointments in Leflore  County.

The Appellate Program provides representation to agency clients who have a right under Oklahoma law to appeal their convictions and sentences and have been judicially determined to be unable to afford appellate counsel. The right to an appeal in a criminal case is guaranteed by Article 2, Section 6, of the Oklahoma Constitution, Section 1051 of Title 22 of the Oklahoma Statutes, and, in death penalty cases, by Section 701.13 of Title 21 and Section 1089 of Title 22 of the Oklahoma Statutes. The right to counsel at state expense on direct appeal was established by the United States Supreme Court in Douglas v. California, 372 U.S. 353 (1963). The right to counsel at state expense in capital post-conviction proceedings is found in Section 1089 of Title 22. The purpose of the Appellate Division is to fulfill the State’s obligations that accompany the right to appeal, including requirements imposed by the Federal Constitution.

The Appellate Program consists of Appellate Division East, which covers Adair, Atoka, Bryan, Cherokee, Choctaw, Coal, Craig, Creek, Delaware, Haskell, Hughes, Johnston, Kay, Latimer, LeFlore, Lincoln, Marshall, Mayes, McCurtain, McIntosh, Muskogee, Noble, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Rogers, Seminole, Sequoyah, Tulsa, Wagoner, and Washington counties, and Appellate Division West, which covers Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Carter, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Jackson, Jefferson, Kingfisher, Kiowa, Logan, Love, Major, McClain, Murray, Oklahoma, Roger Mills, Stephens, Texas, Tillman, Washita, Woods, and Woodward counties. The geographic distribution of appellate case assignments is presumptive only. Other factors are considered in the assignment of cases to the appellate divisions including the equitable distribution of cases to each division, the nature of cases, and the professional development of attorneys and support staff.

The Appellate Program is appointed by the district courts in 75 counties, and in Oklahoma County and Tulsa County when the public defenders have a conflict of interest, or the defendant was represented by retained counsel at trial and is judicially determined to be indigent on appeal.

The Appellate Program represents clients on appeal to the Oklahoma Court of Criminal Appeals in all felony cases, and in misdemeanor or traffic cases where the defendant is sentenced to serve a term of imprisonment, including:  

Felony, Misdemeanor, and Traffic Appeals
§  Jury Trial, Bench Trial | 22 O.S. § 1051 (A)

Death Penalty Appeals
§  Capital Direct Appeals | 21 O.S. § 701.13
§  Capital Post-Conviction Appeals | 22 O.S. §§ 1080 – 1089

Certiorari Appeals
§  Certiorari immediately after Plea to Deferred Sentence | 22 O.S. § 1051 (A)
§  Certiorari following Acceleration/Termination | 22 O.S. § 1051 (A)
§  Certiorari following denial of Motion to Withdraw Plea | 22 O.S. § 1051 (A)

Acceleration, Termination, and Revocation Appeals
§  Acceleration of Deferred Sentence | 22 O.S. § 1051 (A)
§  Deferred Sentence Terms and Conditions | 22 O.S. § 1051 (A)
§  Termination from Drug or Mental Health Court | 22 O.S. § 1051 (A)
§  Revocation of Probation | 22 O.S. § 1051 (A)

State Appeals
§  State Rule 6 (Adverse Ruling from Magistrate) | 22 O.S. § 1089.1
§  State Interlocutory (Motions to quash, suppress, etc.) |22 O.S. § 1053
§  State Reserved Question of Law (Statute Declared Unconstitutional) | 22 O.S. § 1053.1

Juvenile Appeals
§  Juvenile Adjudication as Delinquent | 10A O.S. § 2-2-402
§  Juvenile Certification as Adult | 10A O.S. § 2-2-601, 10A O.S. § 2-2-403(D)
§  Juvenile Order Certifying or Denying Certification as Adult | 10A O.S. § 2-5-205 (J)
§  Juvenile Order Certifying or Denying Certification as YO or Juvenile | 10A O.S. §§ 2-5-205, 2-5-206 A
§  Juvenile Denial of Certification to Stand Trial as Juvenile/YO | 10A O.S. § 2-2-601
§  Juvenile Bridging of YO to DOC | 10A O.S. § 2-5-210A