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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel.
(b)(1) A person who has acted as investigating officer, military judge, or court member in any case shall not later act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case.
(2) A person who has acted for the prosecution shall not act later in the same case for the defense.
(3) A person who has acted for the defense shall not act later in the same case for the prosecution.
(c)(1) If a victim of a crime committed subject to this code has a special victims' counsel provided at the expense of an appropriate government agency, the special victims' counsel shall be afforded all of the rights and privileges offered to counsel at similar courts of the United States Army and the United States Air Force.
(2) A judge advocate certified to practice before military courts is fully certified and qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel for the courts convened under this code, without regard to the judge advocate's licensing state.
(3) Any counsel furnished at the expense of the United States Government or the state government shall be qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel under this section and, if qualified, shall be exempt from any fees or additional requirements.
Cite this article: FindLaw.com - Arkansas Code Title 12. Law Enforcement, Emergency Management, and Military Affairs § 12-64-410. Trial and defense counsel - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-12-law-enforcement-emergency-management-and-military-affairs/ar-code-sect-12-64-410/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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