29B.28 DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.
1. For each general and special court-martial the authority
convening the court shall detail trial counsel and defense counsel
and assistants the authority considers appropriate. A person who has
acted as investigating officer, military judge, or court member in a
case shall not act later as trial counsel, assistant trial counsel,
or, unless expressly requested by the accused, as defense counsel, or
assistant defense counsel in the same case. A person who has acted
for the prosecution shall not act later in the same case for the
defense, nor shall a person who has acted for the defense act later
in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a general
court-martial must be a person who is a member of the bar of the
highest court of the state and certified as competent for the duty by
the staff judge advocate.
3. In the case of a special court-martial:
a. The accused has the right to be represented at the trial
by counsel having the qualifications stated in this section unless
counsel having such qualifications cannot be provided because of
physical conditions or military exigencies. If such counsel cannot
be provided, the court may be convened and the trial held, but the
convening authority shall append a detailed written statement to the
record stating why such counsel was not provided.
b. 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.
c. If the trial counsel is a member of the bar of the highest
court of the state, the defense counsel detailed by the convening
authority must also be a member of the bar of the highest court of
the state.
29B.28 DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.
1. For each general and special court-martial the authority
convening the court shall detail trial counsel and defense counsel
and assistants the authority considers appropriate. A person who has
acted as investigating officer, military judge, or court member in a
case shall not act later as trial counsel, assistant trial counsel,
or, unless expressly requested by the accused, as defense counsel, or
assistant defense counsel in the same case. A person who has acted
for the prosecution shall not act later in the same case for the
defense, nor shall a person who has acted for the defense act later
in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a general
court-martial must be a person who is a member of the bar of the
highest court of the state and certified as competent for the duty by
the staff judge advocate.
3. In the case of a special court-martial:
a. The accused has the right to be represented at the trial
by counsel having the qualifications stated in this section unless
counsel having such qualifications cannot be provided because of
physical conditions or military exigencies. If such counsel cannot
be provided, the court may be convened and the trial held, but the
convening authority shall append a detailed written statement to the
record stating why such counsel was not provided.
b. 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.
c. If the trial counsel is a member of the bar of the highest
court of the state, the defense counsel detailed by the convening
authority must also be a member of the bar of the highest court of
the state.
29B.28 DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL.
1. For each general and special court-martial the authority
convening the court shall detail trial counsel and defense counsel
and assistants the authority considers appropriate. A person who has
acted as investigating officer, military judge, or court member in a
case shall not act later as trial counsel, assistant trial counsel,
or, unless expressly requested by the accused, as defense counsel, or
assistant defense counsel in the same case. A person who has acted
for the prosecution shall not act later in the same case for the
defense, nor shall a person who has acted for the defense act later
in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a general
court-martial must be a person who is a member of the bar of the
highest court of the state and certified as competent for the duty by
the staff judge advocate.
3. In the case of a special court-martial:
a. The accused has the right to be represented at the trial
by counsel having the qualifications stated in this section unless
counsel having such qualifications cannot be provided because of
physical conditions or military exigencies. If such counsel cannot
be provided, the court may be convened and the trial held, but the
convening authority shall append a detailed written statement to the
record stating why such counsel was not provided.
b. 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.
c. If the trial counsel is a member of the bar of the highest
court of the state, the defense counsel detailed by the convening
authority must also be a member of the bar of the highest court of
the state.
