2005 West Virginia Code - §15-1E-30. — Appointment of trial counsel and defense counsel.

PART I. APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL.

§15-1E-30. Appointment of trial counsel and defense counsel.

(a) For each general and special court-martial the authority convening the court shall appoint trial counsel and defense 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 subsequently as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution shall 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) Any person who is appointed trial counsel or defense counsel in the case of a general or a special court-martial:
(1) Shall be a person who is a member in good standing of the federal bar or the bar of any state of the United States; and
(2) Shall be certified as competent to perform such duties by the state judge advocate.