§ Rule 29 Indigent defendant in civil contempt action-Right to counsel-Attorney fees

Codes > Oklahoma Statutes > Title 12 > Chapter 2-Appendix > Rule 29

Rule 29. Indigent defendant in civil contempt action--Right to counsel--Attorney fees

    In a civil contempt action which may result in the incarceration of a defendant who appears without counsel, the court must inform the defendant that he has a right to counsel and that if he is financially unable to employ counsel and desires such, the court must assign counsel to defend him. Only after receiving notice of this right, can the defendant knowingly and intelligently waive his right to counsel.

    A defendant who desires counsel and can establish indigency under the normal standards for appointment of counsel in a criminal case, shall have an attorney appointed to represent him.

    The attorney shall represent the defendant until final disposition of the civil contempt action and shall receive compensation, payable from the local court fund, in an amount set by the trial court, not to exceed the following amounts:

    For a non-jury trial                          $100.00

    For a jury trial                                  $250.00

    See Walker v. McLain, 768 F.2d 1181 (10th Cir.1985).