RS 127 - Article 27. Detail of trial counsel and defense counsel
A.(1) For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he 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.
(2) No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate 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.
B. Trial counsel or defense counsel detailed for a general court-martial:
(1) Must be a person who is a member of the bar of the highest court of a state, or a member of the board of a federal court; and
(2) Must be certified as competent to perform such duties by the state judge advocate.
C.(1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in Subsection B of this Article.
(2) Trial counsel and assistant defense counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such duties by the state judge advocate or the Judge Advocate General of the United States Army or United States Air Force.
(3) If the trial counsel is a member of the bar of the highest court of a state, the defense counsel detailed by the convening authority must be one of the foregoing.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.