Oklahoma Indigent Defense System asks court for financial help

<br>OKLAHOMA CITY (AP) _ Oklahoma Indigent Defense System officials asked the Oklahoma Supreme Court on Thursday to authorize tapping the court fund to bail OIDS out of a financial jam. <br><br>The agency

Friday, September 6th 2002, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ Oklahoma Indigent Defense System officials asked the Oklahoma Supreme Court on Thursday to authorize tapping the court fund to bail OIDS out of a financial jam.

The agency is running short of cash because of demand and budget cuts and cannot take on additional clients, said Jim Bednar, OIDS executive director.

Bednar is asking the court to overturn Kay County Special District Judge Douglas Revard's order forcing OIDS to represent Shaun Alon McClure, who is in jail on burglary, theft and escape charges.

Officials said the agency, in an effort to make ends meet, has decided to protect the interests of current employees and clients and not hire new attorneys.

Bednar said that often a conflict will exist between an OIDS attorney and a defendant, requiring the hiring of new counsel.

He said the agency does not have the money to handle those cases and is asking the Supreme Court to require local court funds to pick up the cost.

Bednar said OIDS spent about $700,000 last year on ``conflict attorneys.''

Funding for OIDS was reduced by $626,824 last year and by $802,000 for the fiscal year that started July 1.

Bednar told Supreme Court referee Gregory Albert there was no other alternative than to tap the court fund until the Legislature reconvenes in February.

He said the state has no choice under the Constitution but to provide representation for indigent defendants.

``There's got to be a fallback system,'' Bednar said. ``You can't charge and try these people without them having an attorney.''

Brant Elmore, assistant attorney general, said there was no authorization in the law for using the court fund to supplement the OIDS budget.

Bednar said it had been done after a gubernatorial veto knocked hundreds of thousands of dollars out of the OIDS budget.

The attorney general's office, in representing Judge Revard, maintains that OIDS must find a solution to its problems with existing funds and personnel.

The agency has 71 attorneys, but officials say it is hard pressed to provide representation in 75 of the state's 77 counties. Oklahoma City and Tulsa have their own indigent defense systems.

Albert took the case under advisement. He will make a recommendation to the state's high court for a final decision.