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This entry was published on 2014-09-22
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SECTION 130.27
Appointment of trial counsel and defense counsel
Military (MIL) CHAPTER 36, ARTICLE 7, PART 5
§ 130.27. Appointment of trial counsel and defense counsel. (a) For
each general and special court-martial the authority convening the court
shall appoint a trial counsel and a defense counsel, together with such
assistants as he deems necessary or appropriate. No person who has acted
as investigating officer, military judge, or court member in any case
shall act subsequently 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 shall act subsequently in the same case for the defense,
nor shall any person who has acted for the defense act subsequently in
the same case for the prosecution.

(b) Any person who is appointed as trial counsel or defense counsel in
the case of a general court-martial shall be a person who is a member of
the bar of this state.

(c) In the case of a special court-martial--

(1) if the trial counsel is qualified to act as counsel before a
general court-martial, the defense counsel appointed by the convening
authority shall be a person similarly qualified; and

(2) if the trial counsel is a judge advocate, or a legal officer, or a
member of the bar of a federal court or of the highest court of a state
of the United States, the defense counsel appointed by the convening
authority shall be one of the foregoing.