Okla. Stat. tit. 22, § 22-1355.8

attorneys for indigents not entitled to representation by the

System.

A. In addition to the methods of providing counsel set out in

subsections C and D of Section 1355.6 of this title, the Board shall

have the authority to award contracts to provide noncapital trial

representation to indigent criminal defendants and indigent

juveniles in cases for which the System must provide representation,

including, but not limited to, renewing any existing contract or

contracts for the next fiscal year or soliciting new offers to

contract, whichever the Board determines to be in the best interests

of the state, the System and the clients represented by the System.

Any such contract shall be awarded at such time as the Board may

deem necessary.

Oklahoma Statutes - Title 22. Criminal Procedure Page 516

B. For those counties in which a prior fiscal year contract is

not renewed for the succeeding fiscal year or in which the Board

elects to solicit new offers to contract, the Executive Director

shall cause notice to be published in the Oklahoma Bar Journal that

offers to contract will be accepted to provide indigent noncapital

trial services. The notice required by this subsection shall

include the following:

1. The date, time and place where offers to contract will be

opened;

2. The qualifications required of those desiring to make an

offer to contract;

3. The period covered by the contract; and

4. A general description of the services required.

C. Only members in good standing of the Oklahoma Bar

Association shall be eligible to submit offers to contract pursuant

to this section. In addition, all offers to contract must be

accompanied by a written statement of the manner in which

representation shall be made available as needed.

D. 1. The Board shall accept the best offer or offers, as

determined by the Board, from a qualified attorney or attorneys. In

determining whether an offer is the best offer, the Board shall take

into consideration, among other factors, the following:

a. whether the attorney or attorneys submitting the offer

maintain an office within that county,

b. whether any such office is the attorney's primary

office,

c. whether the attorney or attorneys submitting the offer

have been awarded a contract in another county,

d. whether sufficient attorneys are included in the offer

to competently address the number of cases to be

covered under the contract, and

e. the accessibility of the attorney or attorneys to the

clients to be served if the Board awards a contract on

the basis of the offer.

2. The System shall maintain an original of each offer to

contract.

3. Every contract awarded pursuant to the provisions of this

subsection which is signed by more than one attorney shall provide

that every attorney signing such contract shall be jointly and

severally liable for the full performance of all services to be

delivered pursuant to such contract.

4. Every contract awarded pursuant to the provisions of this

subsection shall provide that every attorney who will be performing

services pursuant to the contract shall carry professional liability

insurance in an amount satisfactory to the Board. No contract shall

be effective until proof of such insurance is provided to the

System.

Oklahoma Statutes - Title 22. Criminal Procedure Page 517

5. In the event that only one qualified offer is received, the

Board may accept the offer, make one or more counteroffers,

readvertise or provide representation as otherwise authorized by the

Indigent Defense Act. In the event that more than one qualified

offer is received for a county or counties, the Board may accept one

or more of the offers, make one or more counteroffers to one or more

of the offers received, readvertise if the Board determines that

awarding a contract or contracts on the offers received would not be

in the best interest of the System or the clients represented by the
Defense Act. In the event that more than one qualified

offer is received for a county or counties, the Board may accept one

or more of the offers, make one or more counteroffers to one or more

of the offers received, readvertise if the Board determines that

awarding a contract or contracts on the offers received would not be

in the best interest of the System or the clients represented by the

System, or provide representation as otherwise authorized by the

Indigent Defense Act. For purposes of discussing negotiating

strategies in connection with making one or more counteroffers to

one or more offers received, the Board may hold one or more

executive sessions as necessary; provided, that any vote or action

on offers received and counteroffers made, if any, shall be taken in

public meeting with the vote of each member publicly cast and

recorded.

6. In the event that no qualified offers to contract are

received, the Board may readvertise or direct the Executive Director

to assign cases from the relevant counties to private attorneys

selected from a list of qualified attorneys who have agreed to

accept assignments of such cases, who have provided proof of

professional liability insurance coverage, and who meet the

qualifications established by the System for such assignments.

Compensation for such attorneys shall be as provided in subsection F

of this section.

7. In the event that no qualified offers are received, and in

lieu of assigning cases to private attorneys whose names are on a

list of qualified attorneys pursuant to paragraph 6 of this

subsection, the Board may, pursuant to subsection D of Section

1355.6 or Section 1355.9 of this title, provide for representation

for indigent criminal defendants and indigent juveniles by attorneys

employed by the System.

8. In no event shall an attorney, who has not voluntarily

agreed to provide representation to indigent criminal defendants and

indigent juveniles, be appointed to represent an indigent person.

E. If a fiscal year contract is terminated before the end of

the fiscal year, the Executive Director shall not be required to

solicit offers to contract, but may instead award one or more

replacement contracts for the affected county or counties to a

qualified attorney or attorneys to represent persons in cases for

which the System is obligated to provide counsel, provided that such

replacement contract or contracts shall not be renewable for the

next fiscal year.

F. 1. Except as provided in paragraph 3 of this subsection,

total compensation for a case which is not covered by a fiscal year

noncapital trial contract awarded or renewed pursuant to subsection

Oklahoma Statutes - Title 22. Criminal Procedure Page 518

A of this section shall not exceed Eight Hundred Dollars ($800.00)

in the following cases:

a. juvenile delinquency proceedings, adult certification

proceedings, reverse certification proceedings and

appeals, youthful offender proceedings, and any other

proceedings and appeals, pursuant to the Oklahoma

Juvenile Code in which the System is required to

provide representation pursuant to subsection A of

Section 1355.6 of this title,

b. traffic cases punishable by incarceration, and

c. misdemeanor cases.

2. Except as provided in paragraph 3 of this subsection, total

compensation for a case which is not covered by a fiscal year

noncapital trial contract awarded pursuant to this section shall not

exceed Three Thousand Five Hundred Dollars ($3,500.00) in felony

cases.

3. The maximum statutory fees established in this subsection

may be exceeded only upon a determination made by the Executive

Director and approved by the Board that the case is an exceptional

one which requires an extraordinary amount of time to litigate, and

that the request for extraordinary attorney fees is reasonable.

G. 1. Attorneys paid for indigent defense pursuant to a fiscal

year noncapital trial contract awarded or renewed pursuant to this
n

may be exceeded only upon a determination made by the Executive

Director and approved by the Board that the case is an exceptional

one which requires an extraordinary amount of time to litigate, and

that the request for extraordinary attorney fees is reasonable.

G. 1. Attorneys paid for indigent defense pursuant to a fiscal

year noncapital trial contract awarded or renewed pursuant to this

section shall be paid an annual fee in twelve monthly installments

each equaling seven and one-half percent (7.5%) of the total value

of the contract, or as otherwise provided by contract.

2. Attorneys paid for indigent defense pursuant to paragraph 1

of this subsection shall receive the balance of ten percent (10%) of

the total value of the contract upon completion of all felony and

misdemeanor matters covered by the contract. A matter is completed

for purposes of this paragraph when no additional services are

required under the contract. The Board, upon recommendation of the

Executive Director, may, however, authorize partial payments on a

quarterly basis of the amount retained as reasonable compensation

for those matters which were completed during the prior quarter.

The system may transfer the amount retained from the total value of

the contract pursuant to this subsection to the Contract Retention

Revolving Fund created by Section 1369 of this title.

H. To receive payment in a case assigned pursuant to subsection

C of Section 1355.6 of this title, an attorney must submit a claim

in accordance with the provisions of the Indigent Defense Act.

I. Attorneys providing services pursuant to a contract with the

System, shall provide periodic status reports on all such cases, as

often as deemed necessary by the System.

J. Any attorney providing services pursuant to a contract with

the System shall continue to provide representation at the trial

level in each case assigned to the attorney during the contract

Oklahoma Statutes - Title 22. Criminal Procedure Page 519

period until the trial court ceases to retain jurisdiction;

provided, the court shall allow an attorney to withdraw from a case

only after the attorney has made proper application to withdraw from

the case and the application has been approved by the Executive

Director.

K. In all cases in which legal representation by the Oklahoma

Indigent Defense System is not authorized by other provisions of the

Indigent Defense Act and in which indigents are entitled to legal

representation by the Constitution and laws of this state, the court

shall appoint legal representation, from a list of qualified

volunteer attorneys who provide proof of professional liability

insurance coverage, and direct to be paid from the local court fund

a reasonable and just compensation not to exceed Eight Hundred

Dollars ($800.00) to the attorney or attorneys for services as they

may render. The compensation limit may be exceeded if the court

finds that the case required an extraordinary amount of time to

litigate.