Who decides whether a defendant is entitled to an OIDS lawyer?
District court judges determine whether a defendant is indigent by applying standards developed by the Oklahoma Court of Criminal Appeals. The defendant fills out a form about his/her assets, liabilities, and sources of income. If the judge determines the defendant is indigent, OIDS is appointed. An Oklahoma statute provides that any defendant who posts bond must prove to the court that s/he cannot afford a lawyer before the judge will allow OIDS to begin or continue representation. In practice, this presumption is not followed equally throughout the court system. Some judges do not penalize a defendant for being out on bond; others almost always deny indigency status and force the defendant to hire outside counsel. If you are already represented and make bond, discuss with your attorney how to request a hearing on your assets to show you still need an attorney.
