38-2-1027. Trial counsel and assistants.

1. (1)

   For each general and special court-martial the convening authority shall detail a trial counsel and such assistants as appropriate.#

2. (2)

   For each general and special court-martial, if the United States Army Trial Defense Services or a similar entity exists, such entity shall detail defense counsel and such assistants as are appropriate. If no appropriate such entity exists, the convening authority shall detail defense counsel and such assistants as are appropriate.#

3. (3)

   No person who has acted as investigating officer, military judge, a witness, 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 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 may any person who has acted for the defense act later in the same case for the prosecution.#

Except as provided in subsection (c) of this Code section, trial counsel or defense counsel detailed for a general or special court-martial shall be a judge advocate.#

In the instance where a defense counsel is not a member of the bar of the highest court of this state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:#

1. (1)

   A commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof;#

2. (2)

   A member in good standing of the bar of the highest court of another state; and#

3. (3)

   Certified as a judge advocate in the judge advocate general’s corps of the army, air force, navy, or the marine corps.#

Nothing in this Code section shall preclude the accused from hiring a civilian attorney who is a member of the bar of this state or who has been admitted pro hac vice. Such attorney shall serve the accused at no cost to another state or the federal government.#