One Click Case Law for § 38-2-395
O.C.G.A. § 38-2-394 <-- --> O.C.G.A. §38-2-396

2010 Georgia Code

TITLE 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

CHAPTER 2 - MILITARY AFFAIRS
ARTICLE 5 - CODE OF MILITARY JUSTICE
PART 5 - COMPOSITION OF COURTS-MARTIAL
§ 38-2-395 - Appointment of trial counsel and defense counsel

O.C.G.A. 38-2-395 (2010)
38-2-395. Appointment of trial counsel and defense counsel


(a) For each general and special court-martial the authority convening the court shall appoint a trial counsel and a defense counsel, together with such assistants as he deems necessary or appropriate. No person who has acted as investigating officer, law officer, or court member in any case shall act subsequently as 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 subsequently in the same case for the defense, nor shall any person who has acted for the defense act subsequently in the same case for the prosecution.

(b) Any person who is appointed as trial counsel or defense counsel in the case of a general court-martial must be a member of the bar of the highest court of a state of the United States.

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

(1) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel appointed by the convening authority shall be a person similarly qualified; and

(2) If the trial counsel is a judge advocate, or a law specialist, or a member of the bar of the highest court of a state of the United States, the defense counsel appointed by the convening authority shall also be one of the foregoing.