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(a)
(1)
Trial counsel and defense counsel shall be detailed for each general
and special court-martial. Assistant trial counsel and assistant
and associate defense counsel may be detailed for each general and
special court-martial. The Secretary concerned shall prescribe regulations
providing for the manner in which counsel are detailed for such courts-martial
and for the persons who are authorized to detail counsel for such
courts-martial.
(2)
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 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 judge advocate who is a graduate of an accredited law school
or is a member of the bar of a Federal court or of the highest court
of a State; or must be a member of the bar of a Federal court or
of the highest court of a State; and
(2)
must be certified as competent to perform such duties by the Judge
Advocate General of the armed force of which he is a member.
(c)
In the case of a special court-martial--
(1)
the accused shall be afforded the opportunity to be represented at
the trial by counsel having the qualifications prescribed under section
827(b) of this title (article
27(b)) unless counsel having such qualifications
cannot be obtained on account of physical conditions or military
exigencies. If counsel having such qualifications cannot be obtained,
the court may be convened and the trial held but the convening authority
shall make a detailed written statement, to be appended to the record,
stating why counsel with such qualifications could not be obtained;
(2)
if the trial counsel is qualified to act as counsel before a general
curt-martial, the defense counsel detailed by the convening authority
must be a person similarly qualified; and
(3)
if the trial counsel is a judge advocate or a member of the bar of
a Federal court or the highest court of a State, the defense counsel
detailed by the convening authority must be one of the foregoing.
Next Article > ART.
28 DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS
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