posted on May, 15 2013 @ 10:49 AM
Originally posted by KewlDaddyFatty
reply to post by F4guy
HA!!! That's pretty funny.
I know this from experience in these matters. Here in Oklahoma, you may represent yourself during your trial BUT in all proceedings leading up to said
trial, such as disposition hearings and other similar matters which occur before a trial, A defendant MAY NOT even come close to approaching the bench
WITHOUT representation. You either have a Public Defender or your own licensed attorney.
That is why I would say such things.
If some whacko judge is doing that, he is violating not only the Supreme Court ruling I referred to, but also 2 separate provisions of the Oklahoma
Constitution. Article III, Section b states, ""A judge shall accord to every person who has a legal interest in a proceeding, or
person's lawyer, full right to be heard according to law. Article II, section 6 states, "The courts of justice of the State shall be open to every
person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation, and right and justice shall be
administered without sale, denial, delay, or prejudice."
While it is appropriate for a judge to advise
a person to obtain counsel, it is reversible error for a judge to deny an adult, mentally
competent person the right of self representation. There are a multitude of reasons why a lawyer should be obtained. I can quickly think of one
situation where self representation is appropriate. If a defendant has a record of a felony or certain misdemeanors, and he/she takes the stand to
testify, the prior record can be introduced in court. However, if the defendant represents himself and makes a closing argument, he is, in effect,
testifying, and no prior crimes can be brought up.
Any judge acting as you say should be reported to the Oklahoma Council on Judicial Complaints in Oklahoma City.