Page 239 - Trump Executive Orders 2017-2021

9942 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

of which the counsel is a member may be detailed as defense counsel, assistant defense
counsel, or associate defense counsel in general or special courts-martial.
(B) Individual militmy counsel and civilian defense counsel. Individual military or
civilian defense counsel who represents an accused in accordance with Article 38(b) in a couti-
martial shall be:
(i) a member of the bar of a federal court or of the bar of the highest comi of a State;
or
(ii) if not a member of such a bar, a lawyer who is authorized by a recognized licensing
authority to practice law and is found by the military judge to be qualified to represent the
accused upon a shovving to the satisfaction of the military judge that the counsel has appropriate
training and familiarity with the general principles of criminal law which apply in a court-
martiaL
(C) Counsel in capital case,c,·.
(i) In general. In any capital case, to the greatest extent practicable, at least one
defense counsel shall, as determined by the Judge Advocate General, be learned in the law
applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be
compensated in accordance vvith regulations prescribed by the Secretary of Defense.
(ii) Qual{fications. A counsel learned in the law applicable to capital cases is an
attorney whose background, knowledge, or experience would enable him or her to competently
represent an accused in a capital case, with due consideration of the seriousness of the possible
penalty and the unique and complex nature of the litigation.
(3) Disqual(fications. No person shall act as trial counsel or assistant trial counsel or, except
when expressly requested by the accused, as defense counsel or associate or assistant defense
counsel in any case in which that person is or has been:
(A) The accuser;
(B) An investigating or preliminary hearing otiicer;
(C) A military judge or appellate military judge; or
(D) A member.
No person who has acted as counsel for a party may serve as counsel for an opposing party in the
same case.
(4) Duties of trial and assistant trial counsel. Trial counsel shall prosecute cases on behalf of
the United States. Under the supervision of trial counsel an assistant trial counsel may perform
any act or duty which trial counsel may perfonn under law, regulation, or custom of the Service.
(5) Duties ojdeji:mse and associate or assistant defense counsel. Defense counsel shall
represent the accused in matters under the UCMJ and these rules arising from the offenses of
which the accused is then suspected or charged. Under the supervision of defense counsel an
associate or assistant defense counsel may perform any act or duty which a defense counsel may
perform under law, regulation, or custom of the Service.
(e) Interpreters, reporters, escorts, bailiffs, clerks, guards, and orderlies.
(1) Qualifications. The qualifications of interpreters and repmters may be prescribed by the
Secretary concerned. Any person who is not disqualified under paragraph (e)(2) of this rule may
serve as escort, bailiff, clerk, guard, or orderly, subject to removal by the military judge.
(2) Disqual{fications. In addition to any disqualifications which may be prescribed by the
Secretary concerned, no person shall act as interpreter, reporter, escort, bailiff, clerk, guard, or
orderly in any case in which that person is or has been in the same case:
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(A) The accuser;

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