Sec. 5186. QUALIFICATIONS OF TRIAL COUNSEL AND DEFENSE COUNSEL

273 words·~1 min read·/statute-compilations/comps-13740/sec-5186

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

## SEC. 5186 QUALIFICATIONS OF TRIAL COUNSEL AND DEFENSE COUNSEL Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended— ####

(1)in the first sentence of paragraph

(2)of subsection (a), by striking “No person” and all that follows through “trial counsel,” the first place it appears and inserting “No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel,”; ####

(2)in the first sentence of subsection (b), by striking “Trial counsel or defense counsel” and inserting “Trial counsel, defense counsel, or assistant defense counsel”; and ####

(3)by striking subsection

(c)and inserting the following new subsections: > > ### “(c) > > > ####

(1)> > Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b). > > > #### “(2) > > Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such duties by the Judge Advocate General, under such rules as the President may prescribe. > > > ### “(d) > > To the greatest extent practicable, in any capital case, at least one defense counsel shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.” > .