Detail of Trial Counsel and Defense Counsel

(a)For each general, special, and summary court-martial the authority convening the court shall detail trial counsel and defense counsel and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or unless expressly requested by accused, as defense counsel or assistant 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 and defense counsel detailed for a general court-martial:

(1)must 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, Territory, Commonwealth of the United States or the District of Columbia; and

(2)must be certified as competent to perform such duties by the Guam Judge Advocate General; or

(3)If counsel having such qualifications as set out in § 63718.1(b)(1) and

(2)cannot be obtained on account of physical conditions or military exigencies, then the Guam Judge Advocate General may temporarily certify a judge advocate officer certified by a sister National Guard of the various States, Territories, Commonwealths of the United States, or the District of Columbia (Air or Army), or any active or reserve judge advocate officer of the United States Armed Forces certified under Article 27 of the Uniform Code of Military Justice of the United States or a non-judge advocate officer or civilian who is a graduate of an accredited law school, member of the bar of a federal court, or of the highest court of a State, Territory, Commonwealth, or the District of Columbia, as competent to perform such duties.

(c)In the case of a special or summary court-martial:

(1)The accused shall be afforded the opportunity to be represented at the trial by counsel having qualifications prescribed in § 63718.1(b) of this Code unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening CH. 63 GUAM NATIONAL GUARD authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;

(2)If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and

(3)If the trial counsel is a judge advocate, or a member of the bar of a federal court or the highest court of a State, Territory, Commonwealth of the United States or the District of Columbia, the defense counsel detailed by the convening authority must be one of the foregoing.