N.Y. Military Law Section 130.27
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, 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 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 shall be a person who is a member of the bar of this state.

(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 legal officer, or a member of the bar of a federal court or of the highest court of a state of the United States, the defense counsel appointed by the convening authority shall be one of the foregoing.

Source: Section 130.27 — Appointment of trial counsel and defense counsel, https://www.­nysenate.­gov/legislation/laws/MIL/130.­27 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 130.27’s source at nysenate​.gov

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