Rule 29.Indigent Defendant In Civil Contempt Action - Right to Counsel - Attorney Fees
Rules for District Courts of Oklahoma · Last amended August 1, 2013 · Last verified August 3, 2026
In one sentenceRequires a court to tell an unrepresented defendant facing possible incarceration in a civil contempt action about the right to counsel, appoint counsel for an indigent defendant who wants one, and pay that attorney from the local court fund up to set caps.
Full Text of Rule 29
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In a civil contempt action which may result in the incarceration of a defendant who appears without counsel, the court must inform the defendant that he has a right to counsel and that if he is financially unable to employ counsel and desires such, the court must assign counsel to defend him. Only after receiving notice of this right, can the defendant knowingly and intelligently waive his right to counsel.
A defendant who desires counsel and can establish indigency under the normal standards for appointment of counsel in a criminal case, shall have an attorney appointed to represent him.
The attorney shall represent the defendant until final disposition of the civil contempt action and shall receive compensation, payable from the local court fund, in an amount set by the trial court, not to exceed the following amounts:
For a non-jury trial $100.00
For a jury trial $250.00
For a non-jury trial $100.00 For a jury trial $250.00 See Walker v. McLain, 768 F.2d 1181 (10th Cir.1985).
Amendment History
Added by order eff. 5/8/1986. Amended by order of the Supreme Court, 2013 OK 68, eff. 8/1/2013.
Plain-English Summary
Before any waiver can count as knowing and intelligent, Rule 29 requires the court to tell an unrepresented defendant facing possible incarceration in a civil contempt action about the right to counsel. A defendant who establishes indigency under the normal standards used for appointing counsel in a criminal case gets an appointed attorney, who represents the defendant through final disposition of the contempt action. Compensation comes from the local court fund and is capped at $100 for a non-jury trial and $250 for a jury trial. The rule's own citation to Walker v. McLain, a Tenth Circuit decision, points to the federal due-process case behind this right. Rule 20's contempt procedures — notice of the charges, an opportunity to be heard, and warnings before sanctions — apply alongside this right-to-counsel protection.
Frequently Asked Questions
Can I be jailed for civil contempt without being told I have a right to a lawyer?
No. Rule 29 requires the court to inform an unrepresented defendant of the right to counsel before any waiver of that right can be considered knowing and intelligent.
I can't afford a lawyer for a civil contempt hearing. Will one be appointed?
Yes, if you establish indigency under the normal standards used for appointing counsel in criminal cases, Rule 29 entitles you to appointed counsel.
How much does an appointed attorney get paid in a civil contempt case?
From the local court fund, capped at $100 for a non-jury trial and $250 for a jury trial.
Does the appointed lawyer represent me for the whole case or just the contempt hearing?
Rule 29 has the attorney represent the defendant until final disposition of the civil contempt action.
Source & verification. Rule text is reproduced verbatim from the
Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma
as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma right to counsel civil contemptindigent defendant contempt oklahomarule 29 rules for district courtsappointed counsel civil contempt oklahoma