Evaluation of the Oklahoma Appellate Public Defender System

• NCJ Number: 88388
• Author(s): H B Eisenberg; R J Wilson; J N Gramenos
• Date Published: 1982
• Length: 46 pages
• Corporate Author: National Legal Aid and Defender Assoc
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Program/Project Evaluation
• Language: English
• Country: United States of America

Annotation

The Oklahoma Appellate Public Defender System (APDS) was found to be performing admirably, and recommendations are offered in the areas of legislation, facilities, personnel administration, caseload, and general operations.

Abstract

The bill authorizing the establishment of the Oklahoma APDS was signed into law in May 1981. The APDS is intended to provide appellate defense services for indigent parties. The Appellate Public Defender has a direct relationship with the Oklahoma Center for Criminal Justice Board. Staffing of the office presently allows for an appellate public defender to be assisted by three staff attorneys, each of whom is assigned two parttime student research assistants. The evaluation of APDS consisted of interviews with 30 persons with knowledge and experience in the working of APDS, assessment of statistical information, and a random sampling of briefs written by present and past staff attorneys. Attempts to interview clients were unsuccessful. The evaluation found that briefs were uniformly above-average to excellent, eligibility determinations are functioning well, timeliness in the filing of briefs has been greatly improved since the project began, staffing and turnover problems have been all but eliminated, and both current and past staff have been conscientious in visiting clients at some stage during appellate representation. It is recommended that the relevant legislation be amended to eliminate undue limits on the scope of representation by counsel on appeal and provide adequate control for caseload limitation. Further, it is recommended that the rule of appellate practice in criminal cases be amended to simplify the process of taking an appeal and to clarify the obligations of trial and appellate counsel, particularly where separate counsel is provided on appeal. The appendixes contain the APDS statute, a chart of Oklahoma court jurisdiction, a sample (Kentucky) motion for reconsideration of order denying oral argument, and resumes of the evaluation team.