35.130 Detail of trial counsel and defense counsel.

244 words·~1 min read·/ky/chapter-35/35-130

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)For each general and special court-martial the authority convening the court

shall detail trial counsel, defense counsel, and assistants as are appropriate.

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

(c)Except as provided in subsection

(2)of this section, trial counsel and defense

counsel detailed for a general and special court-martial must be a judge

advocate.

(2)In the instance when a defense counsel is not a member of the bar of the highest

court of the state, the defense counsel shall be deemed admitted pro hac vice,

subject to filing a certificate with the military judge setting forth qualifications that

counsel is:

(a)A commissioned officer of the Armed Forces of the United States or a

component thereof; and

(b)A member in good standing of the bar of the highest court of a state; and

(c)Either:

1. Certified as a judge advocate in the Judge Advocate General's Corps of

the Army, Air Force, Navy, or the Marine Corps; or

2. A judge advocate.