§422. Counsel
1. Appointment. For each court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the authority 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.
[RR 2019, c. 1, Pt. B, §31 (COR).]
2. Qualifications. Trial counsel or defense counsel detailed for a court-martial:
A. Shall be:
(1) A graduate of an accredited law school; and
(2) A member of:
(a) The bar of this State;
(b) The bar of a federal court; or
(c) The bar of the highest court of another state; and [PL 1983, c. 594, §27 (AMD).]
B. Shall be certified as competent to perform those duties by the state judge advocate. [PL 1983, c. 460, §3 (NEW).]
[PL 1983, c. 594, §27 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §27 (AMD). RR 2019, c. 1, Pt. B, §31 (COR).
Structure Maine Revised Statutes
TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT
Chapter 5: MAINE CODE OF MILITARY JUSTICE
37-B §403. Persons subject to the Code
37-B §404. Places where applicable
37-B §407. Arrest or confinement
37-B §410. Information on charges; speedy trial
37-B §411. Quelling of disorders
37-B §412. Receiving prisoners
37-B §413. Report of persons held
37-B §414. Application of the United States Manual for Courts-Martial
37-B §415. Nonjudicial punishment (REPEALED)
37-B §415-A. Nonjudicial punishment
37-B §419. Convening a court-martial
37-B §420. Composition of court-martial
37-B §424. Members of court-martial
37-B §425. Pretrial procedures
37-B §426. Limitation of charges
37-B §428. Execution of sentences
37-B §430. State judge advocate's opinion
37-B §431. Approval of findings and sentence
37-B §435. Approval by the Governor
37-B §437. Restoration of rights
37-B §442. Absent without leave
37-B §444. Disrespect to officer
37-B §445. Striking or disobeying an officer
37-B §446. Striking or disobeying a noncommissioned officer
37-B §447. Failure to obey order
37-B §450. Under influence of alcohol or drugs on duty
37-B §452. Feigning illness to avoid duty
37-B §454. False official statements
37-B §455. Cruelty and maltreatment
37-B §457. Wrongful possession of controlled substance
37-B §458. Larceny and wrongful appropriation