Section 26.05.475. Detail of trial counsel and defense counsel.

   (a) For each general and special court-martial, the convening authority shall detail trial counsel, defense counsel, and assistants, as appropriate.
   (b) A person who has acted as investigating officer, military judge, witness, or court member in a case may not act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant or associate defense counsel in the case.
   (c) A person who has acted for the prosecution may not act in the same case for the defense. A person who has acted for the defense may not act in the same case for the prosecution.
   (d) Trial counsel or defense counsel detailed in a general or special court-martial must be
        (1) a judge advocate or, if serving as defense counsel, otherwise certified by the senior force judge advocate; and
        (2) admitted to the practice of law in this state or otherwise permitted to appear in an action in the courts of this state.

Authorities

26.05.500;26.05.650

Notes

References

AS 26.05.500 Investigation; preliminary hearing.
AS 26.05.650 Appellate and civilian counsel.

History

(Sec. 4 ch 55 SLA 2016)