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Oklahoma

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Housing - Evictions

Legislation

February 7, 2023

Eviction right to counsel bill dies in Committee

The Oklahoma bill would have provided eligible tenants with counsel in evictions, with program rollout prioritizing highly impacted counties.

Appointment of Counsel: Doesn't Affect

Qualified: No

September 24, 2024

All about right to counsel efforts in Tulsa and OKC

Tulsa and Oklahoma City are exploring a potential right to counsel for tenants facing eviction.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC has provided support to the Oklahoma Access to Justice Foundation in its work on this issue.

Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

May 15, 2023

Oklahoma strengthens rights for debtors in fees and fines matters

Indigent civil contempt respondents have a right to counsel as do defendants at "willfulness" hearings.

Appointment of Counsel: Yes

Qualified: Yes

In April 2023, the NCCRC submitted supportive testimony for HB 2259 to the Oklahoma Senate Committee on Judiciary.

Categorical

Other subject area

Legislation

Key Development

Right to counsel - Reinstatement of parental rights

A child who petitions to have their parents' rights reinstated is entitled to counsel.

Appointment of Counsel: Yes

Qualified: No

Key Development

April 1, 2025

HB1687

Creates process to determine whether person lacks capacity to make or revoke health care decision / instruction or power of attorney, and requires appointment of counsel for the person.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

Right to counsel

The Oklahoma Supreme Court found a due process right to counsel in abuse/neglect cases, although it is unclear whether it is still good law.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect proceedings, although not at the emergency hearing.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

There is a right to counsel for children in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

An adult subject to protective proceedings has a right to counsel if indigent or lacking the capacity to waive counsel.

Appointment of Counsel: Yes

Qualified: No

Discretionary

All Basic Human Needs

Litigation

Key Development

Discretionary appointment of counsel

The Oklahoma Supreme Court held a trial court has the power to appoint counsel in any civil proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

Right to counsel

There is a right to counsel upon request for minors seeking to bypass the parental consent and notification requirements for abortion.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for the indigent subject of a civil commitment proceeding.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Contempt in Family Court

Legislation

Key Development

Right to counsel

There is a right to counsel for an indigent respondent in civil contempt proceedings.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Right to counsel

A court may appoint an attorney ad litem for a child in a private custody dispute.

Appointment of Counsel: Discretionary

Qualified: No

Other

Custody Disputes - Parents

Litigation

No right to counsel

The Oklahoma Supreme Court found no constitutionally protected right to counsel in divorce cases even where custody and visitation are at issue.

Appointment of Counsel: Other

Qualified: No

Other

Divorce

Litigation

No right to counsel

The OK high court found no constitutionally protected right to counsel in divorce cases even where custody/visitation or alimony are at issue.

Appointment of Counsel: Other

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for unrepresented adults subject to guardianship/conservatorship matters, but only upon request.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

May 15, 2023

Oklahoma strengthens rights for debtors in fees and fines matters

Indigent civil contempt respondents have a right to counsel as do defendants at "willfulness" hearings.

Appointment of Counsel: Yes

Qualified: Yes

In April 2023, the NCCRC submitted supportive testimony for HB 2259 to the Oklahoma Senate Committee on Judiciary.

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

Minors and adults subject to involuntary treatment matters have the right to counsel.

Appointment of Counsel: Yes

Qualified: No

Categorical

Other subject area

Legislation

Key Development

Right to counsel - Reinstatement of parental rights

A child who petitions to have their parents' rights reinstated is entitled to counsel.

Appointment of Counsel: Yes

Qualified: No

Key Development

Right to counsel - Alleged noncompliance with livestock regulations

There is a right to counsel for cases about compliance with livestock disease control measures implemented by the State Board of Agriculture.

Appointment of Counsel: Yes

Qualified: No

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

No Such Proceeding

Sterilization

Legislation

No such proceeding

There does not appear to be a statute or caselaw authorizing sterilization in Oklahoma.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents and putative fathers in adoption proceedings including in voluntary relinquishments.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (Private) - Children

Legislation

Key Development

Right to counsel

There is a right to counsel for all children in contested private adoption proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

Litigation

Key Development

Right to counsel

The Oklahoma Supreme Court found a state constitutional due process right to counsel in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is an arguable right to counsel for indigent parents in termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (State) - Children

Litigation

Key Development

Right to counsel

There may be a constitutional right to counsel for children in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is an arguable right to counsel for children in termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

Children in Oklahoma truancy proceedings (which are treated as a child in need of supervision offense) have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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