N.Y. Military Law 130.27 – Appointment of trial counsel and defense counsel
§ 130.27. Appointment of trial counsel and defense counsel. (a) For each general and special court-martial the authority convening the court shall appoint a trial counsel and a defense counsel, together with such assistants as he deems necessary or appropriate. No person who has acted as investigating officer, military judge, or court member in any case shall act subsequently 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 shall act subsequently in the same case for the defense, nor shall any person who has acted for the defense act subsequently in the same case for the prosecution.
Terms Used In N.Y. Military Law 130.27
- Judge advocate: means an officer of a force of the organized militia who is a member of the judge advocate general's corps or who is designated as a judge advocate;
(10) "Legal officer" means an officer of the New York naval militia designated to perform legal duties for a command;
(11) "Code" means article seven of this chapter;
(12) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See N.Y. Military Law 130.1 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Any person who is appointed as trial counsel or defense counsel in the case of a general court-martial shall be a person who is a member of the bar of this state.
(c) In the case of a special court-martial–
(1) if the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel appointed by the convening authority shall be a person similarly qualified; and
(2) if the trial counsel is a judge advocate, or a legal officer, or a member of the bar of a federal court or of the highest court of a state of the United States, the defense counsel appointed by the convening authority shall be one of the foregoing.