Section 27: Detail of trial counsel and defense counsel
Article 27. Detail of trial counsel and defense counsel.
(a)(1) For each general and special court-martial, the authority convening the court shall detail trial counsel, defense counsel and such assistants as are appropriate.
(2) A person who has acted as investigating officer, military judge, witness or court member in a case may not act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, defense counsel or assistant or associate defense counsel in the same case. A person who has acted for the prosecution may not act later in the same case for the defense. A person who has acted for the defense may not act later in the same case for the prosecution.
(b) Except as provided in subsection (c), trial counsel or defense counsel detailed for a general or special court-martial shall be:
(1) a judge advocate, as defined in article 1; and
(2) in the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court-martial is held.
(c) If defense counsel is not a member of the bar of the highest court of the commonwealth, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(1) a commissioned officer of the armed forces of the United States or a component thereof; and
(2) a member in good standing of the bar of the highest court of a state; and
(3) certified as a judge advocate in the judge advocate general's corps of the army, air force, navy or the marine corps; or
(4) a judge advocate, as defined in article 1.