In those counties subject to the provisions of Section 138.1a of this title, if the court determines that a conflict of interest exists between a defendant and the county indigent defender, the case may be reassigned by the court to another county indigent defender, an attorney who represents indigents pursuant to contract, or a private attorney who has agreed to accept such appointments. In addition, in every case where the defendant is subject to the death penalty and a conflict of interest exists between the defendant and the county indigent defender, the court may appoint the Indigent Defense System to represent the defendant. However, in every case where multiple defendants exist in the case and more than one defendant is subject to the death penalty and a conflict of interest exists between one or more of the defendants that are subject to the death penalty and the county indigent defender, the court may appoint the Indigent Defense System to represent not more than one of the defendants in the case.

Laws 1992, c. 303, § 20, eff. July 1, 1992. Amended by Laws 1992, c. 357, § 4, eff. July 1, 1992; Laws 1993, c. 298, § 2, eff. July 1, 1993; Amended by Laws 2001, SB 454, c. 129 § 3, emerg. eff. July 1, 2001 (superseded document available).