§ 12-64-410 — Trial and defense counsel

(a) For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel. (b) (1) A person who has acted as investigating officer, military judge, or court member in any case shall not later act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case. (2) A person who has acted for the prosecution shall not act later in the same case for the defense. (3) A person who has acted for the defense shall not act later in the same case for the prosecution. (c) (1) If a victim of a crime committed subject to this code has a special victims' counsel provided at the expense of an appropriate government agency, the special victims' counsel shall be afforded all of the rights and privileges offered to counsel at similar courts of the United States Army and the United States Air Force. (2) A judge advocate certified to practice before military courts is fully certified and qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel for the courts convened under this code, without regard to the judge advocate's licensing state. (3) Any counsel furnished at the expense of the United States Government or the state government shall be qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel under this section and, if qualified, shall be exempt from any fees or additional requirements.

Legislative History

Amended by Act 2023, No. 322,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 211,§ 11, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015. Acts 1969, No. 50, § 73; A.S.A. 1947, § 11-628; Acts 1987, No. 125, § 4.