NCJ Number
138429
Journal
Judges' Journal Volume: 31 Issue: 1 Dated: (Winter 1992) Pages: 8-12,44-46
Date Published
1992
Length
8 pages
Annotation
Problems associated with indigent criminal representation in rural areas of Oklahoma are different from those in urban areas.
Abstract
Rural crime is not caused as much by overcrowding, lack of opportunity, or bad environment as it is by restlessness, lack of training and supervision, and lack of incentive. Further, much of the crime in rural areas is alcohol-related. Unlike many States, Oklahoma has not had a history of indigent defense cases that became case law. Lack of funding is a key problem in establishing indigent defense systems in rural areas. Finding attorneys who can competently handle criminal cases is also a major problem. Even the Oklahoma Supreme Court has recognized that the appointment of counsel is difficult statewide. In 1990, the Oklahoma legislature introduced House Bill 1612 to set up a public defense system in certain qualified areas. This law was enacted in 1991, along with House Bill 1245, which has a more realistic application to rural areas. The latter permits the court to contract locally with an attorney in private practice to handle all appointments for the indigent for 1 year. If no contract is made, the court is required to revert to the old system of appointments within the local bar on a rotational basis. Compensation to the bar in court-appointed cases is low, and rural areas often have difficulty in attracting attorneys. The greatest problem in providing counsel for the indigent, apart from funding, may involve the effectiveness of counsel. Every attorney appointed to defend the indigent should meet certain minimum standards and become involved in the case at the earliest possible stage. 14 footnotes