48-2505. (KCMJ Art. 27) Detail of trial counsel and defense counsel. - Kansas Statutes

48-2505

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 25.--CODE OF MILITARY JUSTICE; APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL

      48-2505.   (KCMJ Art. 27) Detail of trial counsel and defense counsel.(a) (1) Trial counsel and defense counselshall be detailed for each general and special court-martial. Assistanttrial counsel and assistant and associate defense counsel may be detailedfor each general and special court-martial. The governor shall prescriberegulations providing for the manner in which counsel are detailed for suchcourts-martial and for the persons who are authorized to detail counsel forsuch courts-martial.

      (2)   No person who has acted as investigating officer,military judge or court member in any case may act later as trial counsel,assistant trial counsel or, unless expressly requested by the accused, asdefense counsel or assistant or associate defense counsel in the same case. No personwho has acted for the prosecution may act later in the same case for thedefense, nor may any person who has acted for the defense act later in thesame case for the prosecution.

      (b)   Trial counsel or defense counsel detailed for a general court-martial:

      (1)   Must be a judge advocate who is a graduateof an accredited law school or is amember of the bar of the highestcourt of a state; and

      (2)   must be certified as competent to perform such duties by the judgeadvocate general of the state military forces.

      (c)   In the case of a special court-martial:

      (1)   The accused shall be afforded the opportunity to be represented atthe trial by counsel having the qualifications prescribed under subsection(b) unless counsel having such qualifications cannot be obtained on accountof physical conditions or military exigencies. If counsel having suchqualifications cannot be obtained, the court may be convened and the trialheld, but the convening authority shall make a detailed written statement,to be appended to the record, stating why counsel with such qualificationscould not be obtained;

      (2)   if the trial counsel is qualified to act as counsel before ageneral court-martial, the defense counsel detailed by the conveningauthority must be a person similarly qualified; and

      (3)   if the trial counsel is a judge advocate or a member of the bar ofthe highest court of the state, the defense counsel detailed by theconvening authority must be one of the foregoing.

      History:   L. 1972, ch. 203, § 48-2505;L. 1988, ch. 191, § 20; July 1.