Section 40.098

Title V MILITARY AFFAIRS AND POLICE

Chapter 40

Effective - 28 Aug 1984   

  40.098.  Trial counsel and defense counsel appointed, when — qualifications — restrictions. — 1.  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 shall 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 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.

  2.  Trial counsel or defense counsel detailed for a court-martial:

  (1)  Must be an officer of the military forces, who is a graduate of an accredited law school and a member of the Missouri Bar, or must be a member of the bar of a federal court or of the highest court of a state; and

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

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(L. 1984 H.B. 1035 § 28)