(1) For each general and special court-martial the staff judge advocate for the unit, command or organization shall detail trial counsel and such assistants as the staff judge advocate considers appropriate. The State Judge Advocate shall detail defense counsel. A person who has acted as investigating officer, military judge or court member in any case may not 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. A person who has acted for the prosecution may not 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.
(2) Trial counsel or defense counsel detailed for a general court-martial must be:
(a) A judge advocate qualified under the Uniform Code of Military Justice; or
(b) A person who is:
(A) A member of the Oregon State Bar, or a member of the bar of a federal court or an attorney allowed under ORS 9.241 to practice before a court of this state; and
(B) Certified as competent to perform such duties by the State Judge Advocate.
(3) In the case of a special court-martial:
(a) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the State Judge Advocate must be a person similarly qualified; and
(b) If the trial counsel is a member of the Oregon State Bar, the defense counsel detailed by the State Judge Advocate must have the same qualifications. [1961 c.454 §106; 1975 c.719 §15; 1985 c.682 §24; 1999 c.94 §2; 2005 c.512 §22]
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