[§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]