State Codes and Statutes

Statutes > Rhode-island > Title-30 > Chapter-30-13 > 30-13-29

SECTION 30-13-29

   § 30-13-29  Detail of trial counsel anddefense counsel. – (a) For each general and special court-martial, the authority convening thecourt shall detail trial counsel and defense counsel, and such assistants as heor she considers appropriate. No person who has acted as investigating officer,law officer, or court member in any case may act later as trial counsel,assistant trial counsel, or, unless expressly requested by the accused, defensecounsel or assistant defense counsel in the same case. No person who has actedfor the prosecution may act later in the same case for the defense, nor may anyperson who has acted for the defense act later in the same case for theprosecution.

   (b) Trial counsel or defense counsel detailed for a generalcourt-martial:

   (1) Must be a person who is a member of the bar of thesupreme court of the state, or a member of the bar of a federal court; and

   (2) Must be certified as competent to perform these duties bythe state judge advocate.

   (c) In the case of a special court-martial, if the trialcounsel is qualified to act as counsel before a general court-martial, or is amember of the bar of the supreme court of the state, the defense counseldetailed by the convening authority must be a person similarly qualified.

State Codes and Statutes

Statutes > Rhode-island > Title-30 > Chapter-30-13 > 30-13-29

SECTION 30-13-29

   § 30-13-29  Detail of trial counsel anddefense counsel. – (a) For each general and special court-martial, the authority convening thecourt shall detail trial counsel and defense counsel, and such assistants as heor she considers appropriate. No person who has acted as investigating officer,law officer, or court member in any case may act later as trial counsel,assistant trial counsel, or, unless expressly requested by the accused, defensecounsel or assistant defense counsel in the same case. No person who has actedfor the prosecution may act later in the same case for the defense, nor may anyperson who has acted for the defense act later in the same case for theprosecution.

   (b) Trial counsel or defense counsel detailed for a generalcourt-martial:

   (1) Must be a person who is a member of the bar of thesupreme court of the state, or a member of the bar of a federal court; and

   (2) Must be certified as competent to perform these duties bythe state judge advocate.

   (c) In the case of a special court-martial, if the trialcounsel is qualified to act as counsel before a general court-martial, or is amember of the bar of the supreme court of the state, the defense counseldetailed by the convening authority must be a person similarly qualified.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-30 > Chapter-30-13 > 30-13-29

SECTION 30-13-29

   § 30-13-29  Detail of trial counsel anddefense counsel. – (a) For each general and special court-martial, the authority convening thecourt shall detail trial counsel and defense counsel, and such assistants as heor she considers appropriate. No person who has acted as investigating officer,law officer, or court member in any case may act later as trial counsel,assistant trial counsel, or, unless expressly requested by the accused, defensecounsel or assistant defense counsel in the same case. No person who has actedfor the prosecution may act later in the same case for the defense, nor may anyperson who has acted for the defense act later in the same case for theprosecution.

   (b) Trial counsel or defense counsel detailed for a generalcourt-martial:

   (1) Must be a person who is a member of the bar of thesupreme court of the state, or a member of the bar of a federal court; and

   (2) Must be certified as competent to perform these duties bythe state judge advocate.

   (c) In the case of a special court-martial, if the trialcounsel is qualified to act as counsel before a general court-martial, or is amember of the bar of the supreme court of the state, the defense counseldetailed by the convening authority must be a person similarly qualified.