Appeals court delays contempt proceedings against OIDS head

Tuesday, October 29th 2002, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ A Kay County judge has 10 days to respond to an Oklahoma Court of Criminal Appeals decision to delay contempt proceedings against the head of the Oklahoma Indigent Defense System.

The appeals court on Monday issued a stay sought by James Bednar, executive director of the OIDS.

Bednar was found in indirect contempt of court on Wednesday when the Indigent Defense System failed to provide attorneys at preliminary hearings for two defendants in Kay County District Court.

The defendants are among 54 in the state jailed without an attorney. Some have been jailed for more than three months without representation.

OIDS attorneys in their counties have conflicts of interest, and Bednar says the Indigent Defense System no longer can afford to bring in outside ``conflict counsel.''

OIDS provides trial, appellate and post-conviction criminal defense services to people judged by the courts as entitled to legal counsel at state expense.

Special District Judge Douglas Revard found Bednar in contempt, set an initial appearance for Nov. 4 and promised to issue a bench warrant if Bednar did not appear.

Bednar filed an application for a stay with the appeals court on Friday and also filed writs seeking dismissal of the contempt citation and preventing similar actions in the future.

In his petition to the appeals court, Bednar said his agency has lost more than $2.1 million through budget cuts and reduced appropriations since January. The 11-year-old, Norman-based agency currently has a budget of about $15.7 million.

Bednar also wrote that his employees were furloughed four days _ two each in July and August. That program was suspended in September and replaced by a reduction-in-force policy.

The agency has left 16 openings unfilled, dropping the department staff to 141. Eleven employees have been designated to be let go on Dec. 31, including three appellate attorneys.

Bednar argued that funds for conflict counsel should come out of the court funds of local courts or the Oklahoma Supreme Court.

The Kay County judiciary, including District Judge D.W. Boyd, contends that OIDS has the money and should do its statutory duty and worry about budget shortfalls later.