Filed Date: Sept. 9, 1989
Closed Date: 1990
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In 1989, the defendants in this case were assigned to be the attorneys for criminal indigent defendants. Following the sentencing of their clients in August 1989, defendants petitioned the court for fees and expenses showing that they had incurred numerous out of pocket expenses defending their clients as well as tens of thousands of dollars in fees. The Trial Court (Melson, J.) approved the requested fees and held that the Oklahoma statute which limited and indigent defendant's attorney's compensation to $3200 was unconstitutional. The State appealed and the case came before the Supreme Court of Oklahoma on March 21, 1990.
On July 24, 1990 the Supreme Court of Oklahoma (Kauger, J.) affirmed the Trial Court's deviation from the statute. However, where the Trial Court found that the statute was per se unconstitutional, the Oklahoma Supreme Court found it unconstitutional as applied to these defendants and resulted in a taking of private property. The Court also held that appointed attorneys must be given the right to a post-appointment opportunity to show good cause for why they cannot represent the defendant. Currently, there is no such opportunity and attorneys in certain counties were immunized from representing indigent defendants resulting in an equal protection violation. Additionally, the Court recommended, but did not order, that court-appointed attorney rates be tied to the rates of public defenders and prosecutors and that they be reimbursed for overhead fees and litigation expenses.
Summary Authors
Dayna Frenkel (3/6/2009)
Hodges, Ralph B. (Oklahoma)
Kauger, Yvonne (Oklahoma)
Dillingham, Carol P. (Oklahoma)
Henry, Robert Harlan (Oklahoma)
Mattingly, Jack A. Jr. (Oklahoma)
Hodges, Ralph B. (Oklahoma)
Kauger, Yvonne (Oklahoma)
Opala, Marian P. (Oklahoma)
Simms, Robert D. (Oklahoma)
Wilson, Alma D. (Oklahoma)
Last updated April 8, 2024, 3:08 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oklahoma
Case Type(s):
Key Dates
Filing Date: Sept. 9, 1989
Closing Date: 1990
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The state is appealing an award of attorney's fees in excess of those allowed by the Oklahoma statute to indigent defendants' court appointed attorneys.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General: