§948k. Detail of trial counsel and defense counsel

(a) Detail of Counsel Generally.-(1) Trial counsel and military defense counsel shall be detailed for each military commission under this chapter.

(2) Assistant trial counsel and assistant and associate defense counsel may be detailed for a military commission under this chapter.

(3) Military defense counsel for a military commission under this chapter shall be detailed as soon as practicable after the swearing of charges against the accused.

(4) The Secretary of Defense shall prescribe regulations providing for the manner in which trial counsel and military defense counsel are detailed for military commissions under this chapter and for the persons who are authorized to detail such counsel for such commissions.

(b) Trial Counsel.-Subject to subsection (e), trial counsel detailed for a military commission under this chapter must be-

(1) a judge advocate (as that term is defined in section 801 of this title (article 1 of the Uniform Code of Military Justice) who-

(A) 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

(B) is certified as competent to perform duties as trial counsel before general courts-martial by the Judge Advocate General of the armed force of which he is a member; or

(2) a civilian who-

(A) is a member of the bar of a Federal court or of the highest court of a State; and

(B) is otherwise qualified to practice before the military commission pursuant to regulations prescribed by the Secretary of Defense.

(c) Military Defense Counsel.-Subject to subsection (e), military defense counsel detailed for a military commission under this chapter must be a judge advocate (as so defined) who is-

(1) 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) certified as competent to perform duties as defense counsel before general courts-martial by the Judge Advocate General of the armed force of which he is a member.

(d) Chief Prosecutor; Chief Defense Counsel.-(1) The Chief Prosecutor in a military commission under this chapter shall meet the requirements set forth in subsection (b)(1).

(2) The Chief Defense Counsel in a military commission under this chapter shall meet the requirements set forth in subsection (c)(1).

(e) Ineligibility of Certain Individuals.-No person who has acted as an investigator, military judge, or member of a military commission under this chapter in any case may act later as trial counsel or military defense counsel in the same case. No person who has acted for the prosecution before a military commission under this chapter may act later in the same case for the defense, nor may any person who has acted for the defense before a military commission under this chapter act later in the same case for the prosecution.

(Added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2604 .)