Pennsylvania § 5506 Appointment of trial counsel and defense counsel

Pennsylvania Statutes

§ 5506 — Appointment of trial counsel and defense counsel

Pennsylvania·Title 51 MILITARY AFFAIRS·Part PART IV·Ch. 55 APPOINTMENT AND COMPOSITION OF

(a)General rule.--For each general and special court-martial, the convening authority for the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, witness or court member in any case shall act subsequently 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 shall any person who has acted for the defense act later in the same case for the prosecution.

(b)Eligibility.--Any person who is detailed trial counsel or defense counsel in the case of a general or a special court-martial s

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(a) General rule.--For each general and special court-martial, the convening authority for the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, witness or court member in any case shall act subsequently 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 shall any person who has acted for the defense act later in the same case for the prosecution.

(b) Eligibility.--Any person who is detailed trial counsel or defense counsel in the case of a general or a special court-martial shall be a judge advocate as defined in section 5102 (relating to definitions).

(c) Pro hac vice admission.--When a defense counsel is not a member of the bar of the highest court of the State, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualification required under subsection (b).

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