Okla. Stat. tit. 12, § 12-921.1
This is the official text of Okla. Stat. tit. 12, § 12-921.1, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Legal Services Revolving Fund
Official statutory text
A. The Attorney General shall allocate funds from the Legal
Services Revolving Fund to provide legal representation to indigent
persons in this state in civil legal matters to the extent that
funds are available from the Legal Services Revolving Fund. The
Attorney General shall be responsible for allocating these funds
pursuant to contract with eligible regional or statewide
organizations which ordinarily render legal services to indigent
Oklahoma Statutes - Title 12. Civil Procedure Page 172
persons. The Attorney General may charge an administrative fee for
administering the contracts. The funds shall be allocated for the
benefit of indigent clients in all seventy-seven (77) counties of
the state on a pro rata basis, utilizing an allocation formula that
distributes funds according to the number of residents whose incomes
are less than the official United States federal poverty guidelines,
based on the United States census data, as a percentage of the total
number of these residents in this state and which reserves funds for
services for specialized areas of law.
B. As used in this section, "eligible organization" means an
entity that:
1. Is organized as a not-for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
of Section 501 of the United States Internal Revenue Code of 1986,
as amended;
2. Has as its primary purpose the furnishing of legal
assistance to eligible clients;
3. Has a board of directors or other governing body the
majority of which is comprised of attorneys who are admitted to
practice in this state and who are approved to serve on such body by
the governing bodies of the state or county bar associations and has
at least one-third (1/3) of the membership who, when selected, are
eligible clients; and
4. Is incorporated pursuant to any applicable laws of this
state.
C. As a condition of the contract, the organization shall be
required to determine the eligibility of any person seeking legal
services pursuant to this section.
D. The Attorney General shall prepare annually and distribute
to the Judiciary committees of the Senate and the House of
Representatives and the Legal Services Committee of the Oklahoma Bar
Association a report detailing expenditures of funds for
representation to indigent persons in civil legal matters.
E. Each organization that contracts to provide legal services
pursuant to subsection A of this section shall maintain books and
records in accordance with generally accepted accounting principles.
The books and records shall account for the receipt and expenditure
of all funds paid pursuant to contract. Books and records shall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period. The State Auditor and Inspector
shall audit each organization annually. The necessary expense of
each audit, including, but not limited to, the cost of typing,
printing, and binding, shall be paid from funds of the organization.
In lieu of the audit by the State Auditor and Inspector, the
organization may submit an audit prepared by an independent auditing
firm for compliance with federal auditing requirements. A copy of
Oklahoma Statutes - Title 12. Civil Procedure Page 173
the audit prepared by or submitted to the State Auditor and
Inspector shall be submitted to the Attorney General.
F. Funds for representation of indigent persons in civil legal
matters shall be limited to family law legal services with priority
given to cases involving domestic and family violence and abuse. In
no event shall such funds ever be used for any of the following
activities:
1. Provision of legal services in a fee-generating case unless
appropriate private representation is not available;
2. Provision of legal services in any criminal proceeding;
3. Provision of legal services collaterally attacking the
validity of a criminal conviction;
olving domestic and family violence and abuse. In
no event shall such funds ever be used for any of the following
activities:
1. Provision of legal services in a fee-generating case unless
appropriate private representation is not available;
2. Provision of legal services in any criminal proceeding;
3. Provision of legal services collaterally attacking the
validity of a criminal conviction;
4. Provision of legal services which seek to procure an
abortion;
5. Provision of legal representation relating to the
desegregation of any school or school system;
6. Provision of legal services involving any proceeding derived
from the Military Selective Service Act;
7. Provision of legal services to advocate for or oppose any
altering of a legislative, judicial, or elective district at any
level of government; and
8. Provision of legal services to challenge a census of the
United States of America.
G. There is hereby created in the State Treasury a revolving
fund for the Office of the Attorney General to be designated the
"Legal Services Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Office of the Attorney General for
indigent legal services from funds appropriated to the fund, federal
funds, gifts, donations, and grants. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Attorney General for the purpose of providing legal
services to indigent clients pursuant to the provisions of this
section. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
Services Revolving Fund to provide legal representation to indigent
persons in this state in civil legal matters to the extent that
funds are available from the Legal Services Revolving Fund. The
Attorney General shall be responsible for allocating these funds
pursuant to contract with eligible regional or statewide
organizations which ordinarily render legal services to indigent
Oklahoma Statutes - Title 12. Civil Procedure Page 172
persons. The Attorney General may charge an administrative fee for
administering the contracts. The funds shall be allocated for the
benefit of indigent clients in all seventy-seven (77) counties of
the state on a pro rata basis, utilizing an allocation formula that
distributes funds according to the number of residents whose incomes
are less than the official United States federal poverty guidelines,
based on the United States census data, as a percentage of the total
number of these residents in this state and which reserves funds for
services for specialized areas of law.
B. As used in this section, "eligible organization" means an
entity that:
1. Is organized as a not-for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
of Section 501 of the United States Internal Revenue Code of 1986,
as amended;
2. Has as its primary purpose the furnishing of legal
assistance to eligible clients;
3. Has a board of directors or other governing body the
majority of which is comprised of attorneys who are admitted to
practice in this state and who are approved to serve on such body by
the governing bodies of the state or county bar associations and has
at least one-third (1/3) of the membership who, when selected, are
eligible clients; and
4. Is incorporated pursuant to any applicable laws of this
state.
C. As a condition of the contract, the organization shall be
required to determine the eligibility of any person seeking legal
services pursuant to this section.
D. The Attorney General shall prepare annually and distribute
to the Judiciary committees of the Senate and the House of
Representatives and the Legal Services Committee of the Oklahoma Bar
Association a report detailing expenditures of funds for
representation to indigent persons in civil legal matters.
E. Each organization that contracts to provide legal services
pursuant to subsection A of this section shall maintain books and
records in accordance with generally accepted accounting principles.
The books and records shall account for the receipt and expenditure
of all funds paid pursuant to contract. Books and records shall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period. The State Auditor and Inspector
shall audit each organization annually. The necessary expense of
each audit, including, but not limited to, the cost of typing,
printing, and binding, shall be paid from funds of the organization.
In lieu of the audit by the State Auditor and Inspector, the
organization may submit an audit prepared by an independent auditing
firm for compliance with federal auditing requirements. A copy of
Oklahoma Statutes - Title 12. Civil Procedure Page 173
the audit prepared by or submitted to the State Auditor and
Inspector shall be submitted to the Attorney General.
F. Funds for representation of indigent persons in civil legal
matters shall be limited to family law legal services with priority
given to cases involving domestic and family violence and abuse. In
no event shall such funds ever be used for any of the following
activities:
1. Provision of legal services in a fee-generating case unless
appropriate private representation is not available;
2. Provision of legal services in any criminal proceeding;
3. Provision of legal services collaterally attacking the
validity of a criminal conviction;
olving domestic and family violence and abuse. In
no event shall such funds ever be used for any of the following
activities:
1. Provision of legal services in a fee-generating case unless
appropriate private representation is not available;
2. Provision of legal services in any criminal proceeding;
3. Provision of legal services collaterally attacking the
validity of a criminal conviction;
4. Provision of legal services which seek to procure an
abortion;
5. Provision of legal representation relating to the
desegregation of any school or school system;
6. Provision of legal services involving any proceeding derived
from the Military Selective Service Act;
7. Provision of legal services to advocate for or oppose any
altering of a legislative, judicial, or elective district at any
level of government; and
8. Provision of legal services to challenge a census of the
United States of America.
G. There is hereby created in the State Treasury a revolving
fund for the Office of the Attorney General to be designated the
"Legal Services Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Office of the Attorney General for
indigent legal services from funds appropriated to the fund, federal
funds, gifts, donations, and grants. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Attorney General for the purpose of providing legal
services to indigent clients pursuant to the provisions of this
section. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
Status: in_force · Read it on the official government site
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