Illinois Compiled Statutes 20 ILCS 1807/27 – Article 27. Detail of trial counsel and defense counsel
Current as of: 2024 | Check for updates
|
Other versions
(a)(1) For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate.
(2) No person who has acted as investigating officer, military judge, witness, or court member in any case may act later 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) Except as provided in subsection (c), trial counsel or defense counsel detailed for a general or special court-martial must be:
(1) a judge advocate as defined in paragraph (10) of
(2) No person who has acted as investigating officer, military judge, witness, or court member in any case may act later 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.
Terms Used In Illinois Compiled Statutes 20 ILCS 1807/27
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(b) Except as provided in subsection (c), trial counsel or defense counsel detailed for a general or special court-martial must be:
(1) a judge advocate as defined in paragraph (10) of
|
Article 1 of this Code; and
|
(2) in the case of trial counsel, a member in good
|
standing of the bar of the highest court of the state where the court-martial is held.
|
(c) In the instance when a defense counsel is not a member of the bar of the highest court of this State, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(1) a commissioned officer of the armed forces of
(1) a commissioned officer of the armed forces of
|
the United States or a component thereof; and
|
(2) a member in good standing of the bar of the
|
highest court of a state; and
|
(3) certified as a judge advocate in the Judge
|
Advocate General’s Corps of the Army, Air Force, Navy, or the Marine Corps; or
|
(4) a judge advocate as defined in paragraph (10) of
|
Article 1 of this Code.
|