Tulsa Cnty. Dist. Ct. Local R. (Criminal/Traffic) RULE CR 10.5

Counsel

When a defendant appears without counsel, the Court shall advise the defendant

concerning his/her 6th Amendment right to counsel. The Court shall then determine if

the defendant wishes to waive his/her right to counsel. If the defendant does not wish to

waive his/her right to counsel, the Court shall determine the defendant's indigency

status, under oath, by Pauper's Affidavit and/or oral examination, pursuant to the

procedures and applying the standards established by 20 O.S. § 55 and

Ct.Crim.App.Rule 1.14. The ability to make bond may be considered as a factor by the

Court in determining indigency but shall not be the sole determining factor. All District

and Special Judges are authorized to determine the indigency status of all persons who

appear before them. (Ct.Crim.App.Rule 1.14) If the defendant is indigent, the Court will

appoint counsel. When a defendant does not qualify as an indigent, the Court shall pass

the defendant's case(s) for a reasonably sufficient time to allow the defendant to retain

counsel. Before excusing the defendant, the Court shall give clear warning that causing

further delay by willfully appearing without counsel is impermissible and may be

punished as contempt. Bond shall not be revoked or raised because the defendant has

failed to retain counsel.

If the defendant returns without counsel, his/her indigency status has not

changed, the defendant does not wish to waive his/her right to counsel, and the parties

involved are at an impasse, the Court shall inform the defendant of the Court's intention

to institute direct contempt proceedings. Before imposing punishment, the Court shall

give the defendant notice of the contempt charge, place the defendant in custody, set

bond and set a date for a show cause hearing to give the defendant a summary

opportunity to adduce evidence and/or argument relevant to guilt and/or punishment. At

the discretion of the Court, the defendant may be advised that if an attorney is obtained

for the criminal case prior to the hearing, the contempt charge will be dismissed. If the

defendant is found in contempt, he/she may be punished with up to a $500 fine and/or

up to six months in the county jail. 21 O.S. § 566(A). At the discretion of the Court, the

defendant may be advised that the balance of the jail term and/or the imposed fine will

be suspended upon retention of counsel.

At the conclusion of every case where the county indigent defender or a conflict

indigent defender has been appointed, the Court shall consider whether an assessment

should be paid by the defendant for the representation pursuant to 19 O.S. §

138.10.