Current through Chapter 253 of the 2024 Legislative Session
Section 124B-47 - Detail of trial counsel and defense counsel(a) For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel, and their assistants as the convening authority considers appropriate.(b) No person who has acted as investigating officer, military judge, or court member in any case shall act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel, or assistant or associate defense counsel in the same case. No person who has acted for the prosecution shall act later in the same case for the defense, nor shall any person who has acted for the defense act later in the same case for the prosecution.(c) Except as otherwise provided in subsection (d), trial counsel or defense counsel detailed for a general or special court-martial shall be: (1) A judge advocate; and(2) In the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court-martial is held.(d) In the instance when a defense counsel is not a member of the highest court of the State, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:(1) A commissioned officer of the armed forces of the United States or a component thereof;(2) A member in good standing of the bar of the highest court of a state; and(3) Certified as a judge advocate.Added by L 2022, c 286,§ 2, eff. 1/1/2023.