Maryland Code, PUBLIC SAFETY 13A-506
Terms Used In Maryland Code, PUBLIC SAFETY 13A-506
- Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:
(1) (i) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or
(ii) certified as a non-federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or
(2) if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs. See - Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
- Officer: means a commissioned or warrant officer. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) (i) A person who has acted as investigating officer, military judge, witness, or court member in a case may not 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.
(ii) A person who has acted for the prosecution may not act later in the same case for the defense, nor may a person who has acted for the defense act later in the same case for the prosecution.
(b) Except as provided in subsection (c) of this section, trial counsel or defense counsel detailed for a general or special court-martial must be:
(1) a judge advocate, as defined in § 13A-101 of this title; 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 the 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) (i) a commissioned officer of the armed forces of the United States or a component thereof;
(ii) a member in good standing of the bar of the highest court of a state; and
(iii) certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy, or Marine Corps; or
(2) a judge advocate as defined in § 13A-101 of this title.