ARTICLE 27. Detail of trial counsel and defense counsel.
A. 1. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Adjutant General shall promulgate regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
2. 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, 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.
B. Trial counsel, defense counsel, or assistant defense counsel detailed for a general or a special court-martial:
1. Shall be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a federal court or of the highest court of a state; and
2. Shall be certified as competent to perform such duties by the senior force component judge advocate of the same force component of the state military forces of which he or she is a member.
C. Any costs arising from the detailing of a military defense counsel from a National Guard organization other than the Oklahoma National Guard may be reimbursed out of funds available in the Military Justice Fund established in Section 941 of this title.
Added by Laws 2019, c. 408, § 34, eff. Oct. 1, 2019.
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