This act applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if:
(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the state; or
(2) Representation is under a plan of the United States district court as required by the criminal justice act of 1964, 18 U.S.C. 3006A, and is approved by the board of county commissioners.