2011 Louisiana Laws
Revised Statutes
TITLE 29 — Military, naval, and veteran's affairs
RS 29:127 — Article 27. detail of trial counsel and defense counsel
§127. Article 27. Detail of trial counsel and defense counsel
A. For each general and special court-martial the authority convening the court shall detail 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 may act later 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 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.
B. Trial counsel or defense counsel detailed for a general court-martial:
(1) must be a person who is a member of the bar of the highest court of a state, or a member of the board of a federal court; and
(2) must be certified as competent to perform such duties by the state judge advocate.
C. In the case of a special court-martial:
(1) the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under Subsection B of this Section unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained the court may be convened and the trial held by the convening authority shall make a detailed written statement, to be appended to the record stating why counsel with such qualifications could not be obtained;
(2) if the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
(3) if the trial counsel is a member of the bar of the highest court of a state, the defense counsel detailed by the convening authority must be one of the foregoing.
Acts 1974, No. 621, §1.
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