Detail of trial and defense counsel.

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(1) For each general or special courtmartial, the authority convening the court shall request the state judge advocate general to detail trial counsel and defense counsel and assistants as he or she considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.

(2) Trial counsel and defense counsel for a general or special court-martial must be members in good standing of the bar of this state and judge advocates appointed pursuant to section 28-3.1-106 (2).

Source: L. 83: Entire article added, p. 1171, § 1, effective June 10. L. 2002: (1) amended, p. 608, § 73, effective May 24. L. 2018: (2) amended, (SB 18-135), ch. 95, p. 747, § 14, effective April 2.


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