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In this case can the defendant or his father also file a complaint with Oklahoma Council on Judicial Complaints, which investigates allegations of judicial misconduct? I ask about the father because it appears the judge is trying to force the father to get an attorney for his son.
Would not being provided counsel when the defendant is truly indigent be considered a due process violation?
On this same case, the defendant will have to go before the judge next week on a hearing to get permission to proceed pro se. I sent you a copy of the Affidavit he had to sign in a previous post. He did modify # 7 by striking the portion saying he did not feel compelled in anyway to proceed pro se and explained why he did feel compelled. Mainly he does not have money for lawyer and the court denied his request for court appointed counsel at a previous hearing because his father paid appeal bond. He explained again his father is not willing to help with counsel. He also mentioned that he feels he needs an attorney but has no other choice but to proceed pro se. The defendant's father has also filed an affidavit saying he will not help to pay for counsel.
The judge will have to sign an order saying he is qualified and is not in any way being compelled to proceed pro se. I would think the only right thing for the judge to do would be to appoint an attorney but I have a feeling the judge could become upset because of the statements. Could the judge just decline to sign the order to proceed pro se and revoke the defendant's bond and send him to jail?
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