§124A-46 Detail of trial counsel and defense counsel. (a) For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the convening authority 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, as defense counsel, or assistant 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.
(b) Trial counsel or defense counsel detailed for a general court-martial:
(1) Must be a person who is a member of the bar of the highest court of the State, or a member of the bar of a federal court;
(2) Must be certified as competent to perform such duties by the state judge advocate.
(c) In the case of a special court-martial:
(1) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
(2) If the trial counsel is a member of the bar of the highest court of the State, the defense counsel detailed by the convening authority must be one of the foregoing. [L 1982, c 171, pt of §2; gen ch 1985]
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