Section 1240 Of Chapter 1. Appeals, When Allowed And How Taken, And The Effect Thereof From California Penal Code >> Title 9. >> Part 2. >> Chapter 1.
1240
. (a) When in a proceeding falling within the provisions of
Section 15421 of the Government Code a person is not represented by a
public defender acting pursuant to Section 27706 of the Government
Code or other counsel and he is unable to afford the services of
counsel, the court shall appoint the State Public Defender to
represent the person except as follows:
(1) The court shall appoint counsel other than the State Public
Defender when the State Public Defender has refused to represent the
person because of conflict of interest or other reason.
(2) The court may, in its discretion, appoint either the State
Public Defender or the attorney who represented the person at his
trial when the person requests the latter to represent him on appeal
and the attorney consents to the appointment. In unusual cases, where
good cause exists, the court may appoint any other attorney.
(3) A court may appoint a county public defender, private
attorney, or nonprofit corporation with which the State Public
Defender has contracted to furnish defense services pursuant to
Government Code Section 15402.
(4) When a judgment of death has been rendered the Supreme Court
may, in its discretion, appoint counsel other than the State Public
Defender or the attorney who represented the person at trial.
(b) If counsel other than the State Public Defender is appointed
pursuant to this section, he may exercise the same authority as the
State Public Defender pursuant to Chapter 2 (commencing with Section
15420) of Part 7 of Division 3 of Title 2 of the Government Code.