32.1027 General and special court-martial; trial counsel and defense counsel; assistants.
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32.1027 General and special court-martial; trial counsel and defense counsel; assistants.
Sec. 27.
(1)For each general and special court-martial, the convening authority shall request the state staff judge advocate to detail trial counsel and defense counsel, and those assistants as the convening authority considers appropriate. An individual who has acted as investigating officer, military judge, or court member in any 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. An individual who has acted for the prosecution shall not act later in the same case for the defense, nor shall an individual who has acted for the defense act later in the same case for the prosecution.
(2)Military trial counsel or military defense counsel for a general or special courts-martial shall be licensed to practice law in this state and certified as competent to perform those duties by the state staff judge advocate.
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186 , Imd. Eff. Oct. 27, 2005 ;-- Am. 2024, Act 77 , Imd. Eff. July 8, 2024