Okla. Stat. tit. 44, § 44-827
This is the official text of Okla. Stat. tit. 44, § 44-827, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Detail of trial counsel and defense counsel
Official statutory text
ARTICLE 27. Detail of trial counsel and defense counsel.
A. 1. Trial counsel and defense counsel shall be detailed for
each general and special court-martial. Assistant trial counsel and
assistant and associate defense counsel may be detailed for each
general and special court-martial. The Adjutant General shall
promulgate regulations providing for the manner in which counsel are
detailed for such courts-martial and for the persons who are
authorized to detail counsel for such courts-martial.
2. No person who, with respect to a case, has served as a
preliminary hearing officer, court member, military judge, military
magistrate, or appellate judge, may later serve as trial counsel,
assistant trial counsel, or, unless expressly requested by the
accused, as defense counsel or assistant or associate 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.
B. Trial counsel, defense counsel, or assistant defense counsel
detailed for a general or a special court-martial:
Oklahoma Statutes - Title 44. Militia Page 88
1. Shall be a judge advocate who is a graduate of an accredited
law school or is a member of the bar of a federal court or of the
highest court of a state; and
2. Shall be certified as competent to perform such duties by
the senior force component judge advocate of the same force
component of the state military forces of which he or she is a
member.
C. Any costs arising from the detailing of a military defense
counsel from a National Guard organization other than the Oklahoma
National Guard may be reimbursed out of funds available in the
Military Justice Fund established in Section 941 of this title.
A. 1. Trial counsel and defense counsel shall be detailed for
each general and special court-martial. Assistant trial counsel and
assistant and associate defense counsel may be detailed for each
general and special court-martial. The Adjutant General shall
promulgate regulations providing for the manner in which counsel are
detailed for such courts-martial and for the persons who are
authorized to detail counsel for such courts-martial.
2. No person who, with respect to a case, has served as a
preliminary hearing officer, court member, military judge, military
magistrate, or appellate judge, may later serve as trial counsel,
assistant trial counsel, or, unless expressly requested by the
accused, as defense counsel or assistant or associate 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.
B. Trial counsel, defense counsel, or assistant defense counsel
detailed for a general or a special court-martial:
Oklahoma Statutes - Title 44. Militia Page 88
1. Shall be a judge advocate who is a graduate of an accredited
law school or is a member of the bar of a federal court or of the
highest court of a state; and
2. Shall be certified as competent to perform such duties by
the senior force component judge advocate of the same force
component of the state military forces of which he or she is a
member.
C. Any costs arising from the detailing of a military defense
counsel from a National Guard organization other than the Oklahoma
National Guard may be reimbursed out of funds available in the
Military Justice Fund established in Section 941 of this title.
Status: in_force · Read it on the official government site
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