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322.027

322.027 Article 27 Detail of trial counsel and defense counsel.

322.027(1)

(1) For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and assistants as are appropriate.

322.027(2)

(2) No person who has acted as investigating officer, military judge, witness 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.

322.027(3)

(3) Except as provided in sub. (4), trial counsel or defense counsel detailed for a general or special court-martial must meet all of the following:

322.027(3)(a)

(a) A judge advocate.

322.027(3)(b)

(b) In the case of trial counsel, an attorney licensed to practice in this state.

322.027(4)

(4) In the instance when a defense counsel is not an attorney licensed to practice in this state, the defense counsel shall be deemed admitted on motion, subject to filing a certificate with the military judge setting forth the qualifications that counsel is all of the following:

322.027(4)(a)

(a) A commissioned officer of the armed forces of the United States or a component thereof.

322.027(4)(b)

(b) A member in good standing of the bar of the highest court of another state.

322.027(4)(c)

(c) Certified as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps, or a judge advocate as defined in this code.

322.027(5)

(5) Trial counsel detailed to a court-martial shall be considered a prosecutor under state statutes.

322.027 - ANNOT.

History: 2007 a. 200; 2009 a. 179.