Yes, sometimes a public defender’s office may have a conflict and cannot represent a particular individual. For example, if three defendants are charged with a crime, the public defender may be representing one of those three defendants and cannot represent the other two, because all three individuals may testify against each other and try to obtain the best deals possible. Other times the public defender’s office may have an overwhelming caseload. In this situation, a judge may appoint a lawyer in private practice to represent a defendant.