Page 244 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9947

has been formed between the accused and detailed defense counsel or associate or assistant
defense counsel, an authority competent to detail such counsel may excuse or change such
counsel only:
(i) Under R.C.M. 506(b )(3);
(ii) Upon request of the accused or application for withdrawal by such counsel under
R.C.M. 506(c); or
(iii) For other good cause shown on the record
(e) Change of militwy judge or military magistrate.
(1) Before assembly. Before the court-martial is assembled, the military judge or military
magistrate may be changed by an authority competent to detail the military judge or to designate
the military magistrate, without cause shown on the record.
(2) After assembly. After the court-martial is assembled, the military judge or military
magistrate may be changed by an authority competent to detail the military judge or to designate
the military magistrate only when, as a result of disqualification under R.C.M. 902 or for good
cause shown, the previously detailed military judge or previously designated military magistrate
is unable to proceed.
(f) Good cause. For purposes of this rule, "good cause" includes physical disability, military
exigency, and other extraordinary circumstances which render the member, counsel, or military
judge or military magistrate unable to proceed with the court-martial within a reasonable time.
"Good cause" does not include temporary inconveniences which are incident to normal
conditions of military life.

Rule 506. Accused's rights to counsel
(a) In general.
(1) Non-capital courts-martial. The accused has the right to be represented before a non-
capital general court-martial or a special court-martial by civilian counsel if retained by the
accused at no expense to the Government, and either by the military counsel detailed under
Article 27 or military counsel of the accused's own selection, if reasonably available. The
accused is not entitled to be represented by more than one military counsel.
(2) Capital courts-martial. In a case referred with a special instruction that the case is to be
tried as capital, the accused may be represented by more than one counsel. To the greatest extent
practicable, in any capital case, at least one defense counsel shall, as determined by the Judge
Advocate General, be learned in the law applicable to such cases under R.C.M. 502(d)(2)(C). If
necessary, this counsel may be a civilian, and if so, may be compensated in accordance with
regulations prescribed by the Secretary of Defense.
(b) Individual military counsel.
(1) Reasonab{v available. Subject to this subsection, the Secretary concerned shall define
"reasonably available." While so assigned, the following persons are not reasonably available to
serve as individual military counsel because of the nature of their duties or positions:
(A) A general or flag officer;
(B) A trial or appellate military judge;
(C) A trial counsel;
(D) An appellate defense or government counsel;
(E) A principal legal advisor to a command, organization, or agency and, when such
command, organization, or agency has general court-martial jurisdiction, the principal assistant of
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such an advisor;
(F) An instructor or student at a Service school or academy:

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