Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 26.05.475 - Detail of trial counsel and defense counsel(a) For each general and special court-martial, the convening authority shall detail trial counsel, defense counsel, and assistants, as appropriate.(b) A person who has acted as investigating officer, military judge, witness, or court member in a case may not act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant or associate defense counsel in the case.(c) A person who has acted for the prosecution may not act in the same case for the defense. A person who has acted for the defense may not act in the same case for the prosecution.(d) Trial counsel or defense counsel detailed in a general or special court-martial must be(1) a judge advocate or, if serving as defense counsel, otherwise certified by the senior force judge advocate; and(2) admitted to the practice of law in this state or otherwise permitted to appear in an action in the courts of this state.Added by SLA 2016, ch. 55,sec. 4, eff. 7/1/2016.This section was originally numbered as 26.05.455 but was changed by the revisor of statutes.