Oklahoma Order Appointing Special Prosecutor

State:
Multi-State
Control #:
US-00827
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

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FAQ

The right to be represented by counsel upon request and that if the subject of the proceeding wishes to be represented by counsel, the court will appoint an attorney to represent the subject of the proceeding at the hearing on the petition.

The New POA Act expressly does not authorize a person (referred to as the ?principal?) to delegate to an agent the power to make healthcare decisions for them. It does authorize the agent to access the principal's health care information under HIPAA and communicate with the principal's health care providers.

Under Supreme Court case law, the Sixth Amendment right to counsel specifically requires that each and every adult who cannot afford to hire a lawyer at prevailing compensation rates in his jurisdiction must be given a qualified and trained lawyer.

The "Gideon" reference is linked to the famous Supreme Court ruling that individuals charged with serious crimes have a right to counsel. While this right exists in criminal matters, it exists at present only in very limited circumstances in civil matters.

The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest."

If you are charged with a crime for which you face potential time in jail, then you have the constitutional right to have a lawyer to assist you in your defense. And if you can't afford to hire that lawyer on your own, then the government must provide you with a qualified attorney at public expense.

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Oklahoma Order Appointing Special Prosecutor