Civil Division

The Civil Division is responsible for performing the statutory duties of the D.A. pursuant to 19 O.S. § 215.5 The statutes require the District Attorney to provide legal opinions and advice to all county officers and defend or prosecute all actions in which Cleveland, McClain or Garvin counties may be involved. Requests for legal opinions or advice must be submitted in writing. The A.D.A. assigned to the Civil Division must respond to this inquiry in writing and is responsible for maintaining an index of all requests and replies.

If a county officer or employee is a party to litigation as a result of acts performed as part of his/her official duties, he/she may request representation from this office pursuant to 19 O.S. § 215.35.

Representing the counties and their various officers can present a conflict of interest. If a possible conflict does arise, the Civil Division A.D.A. should discuss it with the D.A. or First A.D.A. If it is decided that the conflict of interest exists, the county employee or officer can obtain private representation on some matters at county expense, or may be entitled to representation by some other D.A.'s office.

The Civil Division is also responsible for the following litigation:

1. Foreclosure and tax collections for the County Treasurer.

2. Tort and 42 USC § 1983 claims arising from the jail or Sheriff's office.

3. Tort and 42 USC § 1983 claims arising from other activities involving county officials or employees.

4. Some violations of Oklahoma law which are under the jurisdiction of the Health Department.

5. Ad Valorem Tax protests from the Board of Equalization and Assessors office.

Civil Assistants will deal primarily with Titles 12, 19, 51, 61, 62, 63, and 68 of the Oklahoma Statutes and Titles 29 and 42 of the United States Code.