29-3904.

Appointment of other counsel; when.

(1) Nothing in sections 23-3402, 29-3902, and 29-3903 shall prevent any judge from:

(a) Appointing counsel other than the public defender, the Commission on Public Advocacy, county conflict counsel, or other substitute counsel when the public defender, the commission, county conflict counsel, or counsel initially appointed might otherwise be required to represent conflicting interests or for other good cause shown;

(b) Not appointing any counsel for any indigent felony defendant who expressly waives his or her right to such counsel at any stage of felony proceedings; or

(c) Appointing the public defender, the Commission on Public Advocacy, county conflict counsel, or other counsel as may be required or permitted by other applicable law.

(2)(a) This subsection only applies to a county that has county conflict counsel.

(b) In a case in which (i) the public defender is unable to provide representation due to conflicting interests or due to other good cause as determined by the court and (ii) the Commission on Public Advocacy may be appointed, the court may appoint the commission. Otherwise, the court shall appoint county conflict counsel, unless such counsel cannot represent the defendant due to conflicting interests or for other good cause as determined by the court.

(3) In selecting counsel to represent an indigent felony defendant, the prosecuting attorney shall not have any role whatsoever in the selection or appointment process of the counsel by the court, including, but not limited to, any individual appointment suggestions.