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U.S. Code as of:
01/19/04
Section 827. Art. 27. Detail of trial counsel and defense counsel
(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 court-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.
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