When a defendant appears without counsel, the Court shall advise the defendant concerning his/her 6th Amendment right to counsel. The Court shall then determine if the defendant wishes to waive his/her right to counsel. If the defendant does not wish to waive his/her right to counsel, the Court shall determine the defendant's indigency status, under oath, by Pauper's Affidavit and/or oral examination, pursuant to the procedures and applying the standards established by 20 O.S. § 55 and Ct.Crim.App.Rule 1.14. The ability to make bond may be considered as a factor by the Court in determining indigency but shall not be the sole determining factor. All District and Special Judges are authorized to determine the indigency status of all persons who appear before them. (Ct.Crim.App.Rule 1.14) If the defendant is indigent, the Court will appoint counsel. When a defendant does not qualify as an indigent, the Court shall pass the defendant's case(s) for a reasonably sufficient time to allow the defendant to retain counsel. Before excusing the defendant, the Court shall give clear warning that causing further delay by willfully appearing without counsel is impermissible and may be punished as contempt. Bond shall not be revoked or raised because the defendant has failed to retain counsel.

If the defendant returns without counsel, his/her indigency status has not changed, the defendant does not wish to waive his/her right to counsel, and the parties involved are at an impasse, the Court shall inform the defendant of the Court's intention to institute direct contempt proceedings. Before imposing punishment, the Court shall give the defendant notice of the contempt charge, place the defendant in custody, set bond and set a date for a show cause hearing to give the defendant a summary opportunity to adduce evidence and/or argument relevant to guilt and/or punishment. At the discretion of the Court, the defendant may be advised that if an attorney is obtained for the criminal case prior to the hearing, the contempt charge will be dismissed. If the defendant is found in contempt, he/she may be punished with up to a $500 fine and/or up to six months in the county jail. 21 O.S. § 566(A). At the discretion of the Court, the defendant may be advised that the balance of the jail term and/or the imposed fine will be suspended upon retention of counsel.

At the conclusion of every case where the county indigent defender or a conflict indigent defender has been appointed, the Court shall consider whether an assessment should be paid by the defendant for the representation pursuant to 19 O.S. § 138.10.