40.098. Trial counsel and defense counsel appointed, when--qualifications --restrictions. - Missouri Statutes

Trial counsel and defense counsel appointed, when--qualifications--restrictions.

40.098. 1. For each general and special court-martial theauthority convening the court shall detail trial counsel anddefense counsel, and such assistants as he considers appropriate.No person who has acted as investigating officer, military judge,or court member in any case shall act later as trial counsel,assistant trial counsel, or, unless expressly requested by theaccused, as defense counsel or assistant defense counsel in thesame case. No person who has acted for the prosecution shall actlater in the same case for the defense, nor shall any person whohas acted for the defense act later in the same case for theprosecution.

2. Trial counsel or defense counsel detailed for acourt-martial:

(1) Must be an officer of the military forces, who is agraduate of an accredited law school and a member of the MissouriBar, or must be a member of the bar of a federal court or of thehighest court of a state; and

(2) Must be certified as competent to perform such duties bythe state judge advocate.

(L. 1984 H.B. 1035 § 28)