Oklahoma

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Housing - Evictions

Legislation

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.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

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

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.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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.
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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
In April 2023, the NCCRC submitted supportive testimony for HB 2259 to the Oklahoma Senate Committee on Judiciary.
Qualified

Abuse/Neglect/Dependency - Accused Parents

Categorical

Abuse/Neglect/Dependency - Children

Categorical

Adult Protective Proceedings - Protected Person

Discretionary

All Basic Human Needs

Categorical

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

Categorical

Civil Commitment

Categorical

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Other

Custody Disputes - Parents

Other

Divorce

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Incarceration for Fees/Fines (incomplete)

Categorical

Involuntary Medical Treatment (incomplete)

Categorical

Other subject area

No Such Proceeding

Sexually Dangerous Persons - Commitment

No Such Proceeding

Sterilization

Categorical

Termination of Parental Rights (Private) - Birth Parents

Categorical

Termination of Parental Rights (Private) - Children

Qualified

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Categorical

Truancy - Petition Against Child