§ 412.336 — Trial counsel and defense counsel

Nevada § 412.336

• Jurisdiction: Nevada
• Title 36: MILITARY AFFAIRS AND CIVIL EMERGENCIES
• Ch. 412: State

Text

1. For each general and special court-martial the authority convening the court shall request the State Judge Advocate to detail trial and defense counsel and such assistants as he or she considers appropriate.
2. No person who has acted as investigating officer, military judge or court member may thereafter act as trial counsel or assistant trial counsel in the same case.
3. Unless requested by the accused, no person who has acted as investigating officer, military judge or court member may thereafter act as defense counsel or assistant defense counsel in the same case.
4. No person who has acted for the prosecution may thereafter act for the defense in the same case; nor may any person who has acted for the defense act for the prosecution in the same case.
5. Counsel for general and special courts-martial shall be a member of the bar of the highest court of a state or of a federal court.
6. Except as otherwise provided in subsection 7, trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate, and trial counsel must be a member in good standing of the State Bar of Nevada.
7. In the instance when defense counsel is not a member of the State Bar of Nevada, the defense counsel must be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(a) A commissioned officer of the Armed Forces of the United States or a component thereof;
(b) A member in good standing of the bar of the highest court of his or her state; and
(c) Certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy or the Marine Corps; or
(d) A judge advocate as defined in this Code.

Legislative History

(Added to NRS by 1967, 1318 ; A 1973, 142 ; 1975, 78 ; 2013, 1122 )