[§124A-46]  Detail of trial counsel anddefense counsel.  (a)  For each general and special court-martial theauthority convening the court shall detail trial counsel and defense counsel,and such assistants as the convening authority considers appropriate.  Noperson who has acted as investigating officer, law officer, or court member inany case may act later as trial counsel, assistant trial counsel, or, unlessexpressly requested by the accused, as defense counsel, or assistant defensecounsel in the same case.  No person who has acted for the prosecution may actlater in the same case for the defense, nor may any person who has acted forthe defense act later in the same case for the prosecution.

(b)  Trial counsel or defense counsel detailedfor a general court-martial:

(1)  Must be a person who is a member of the bar ofthe highest court of the State, or a member of the bar of a federal court;

(2)  Must be certified as competent to perform suchduties by the state judge advocate.

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

(1)  If the trial counsel is qualified to act ascounsel before a general court-martial, the defense counsel detailed by theconvening authority must be a person similarly qualified; and

(2)  If the trial counsel is a member of the bar ofthe highest court of the State, the defense counsel detailed by the conveningauthority must be one of the foregoing. [L 1982, c 171, pt of §2; gen ch 1985]