1. If the Court determines that conflict of interest exists at the trial level between a defendant and a County Indigent Defender, the case may be reassigned by the assigned District Judge or Special Judge to a private attorney who represents indigents pursuant to contract or a private attorney who has agreed to accept such appointments. The assigned attorney will indicate his acceptance of the assignment by executing the judge's written order.

In addition, in every case where the defendant is subject to the death penalty and a conflict of interest exists at the trial level between the defendant and the County Indigent Defender, the assigned District Judge may appoint the Indigent Defense System to represent the defendant or may appoint a private attorney who represents indigents pursuant to contract or a private attorney who has agreed to accept such appointments. However, in every case where more than one defendant is subject to the death penalty and a conflict of interest exists at the trial level between one or more of the defendants who are subject to the death penalty and the County Indigent defender, the assigned District Judge may appoint the Indigent Defense System to represent not more than one of the defendants in the case and may appoint a private attorney who represents indigents pursuant to contract or a private attorney who has agreed to accept such appointments to any other defendant(s) in the case. The appointment of private attorneys in capital cases shall be in accordance with the Tulsa County Plan for Appointment of Conflict Defense Counsel.

2. Total compensation shall not exceed one thousand dollars ($1,000) in the following cases:

3. Total compensation shall not exceed three thousand dollars ($3,000) in non-capital murder cases.

4. Total compensation for lead counsel shall not exceed twenty thousand dollars ($20,000) in capital cases. Total compensation for co-counsel shall not exceed five thousand dollars ($5,000) in capital cases.

5. In all cases described above, the hourly is $60 for time out of court and $80 for time in court.

6. An attorney's fee and expenses in excess of the above amounts may be compensated upon application to and approval by the Trial Judge upon good cause shown, subject to the approval of the Presiding Judge. In capital murder cases, the maximum fee may be exceeded only upon written approval of the Presiding Judge and a finding that the request for extraordinary fees is reasonable.

7. Any attorney providing services pursuant to this rule shall continue to provide representation until the trial court loses jurisdiction, unless the court allows an attorney to withdraw upon proper written application.

8. When the trial court loses jurisdiction, an attorney providing services pursuant to this rule shall submit a written application for compensation which an affidavit detailing the hours spent on the case and the services rendered. The application shall also state if any amount awarded by the court shall be the sole source of compensation for the services provided. If other sources of compensation are used, the other sources and amounts shall be specified in the application.