10 U.S.C. § 827 — Art. 27. Detail of trial counsel and defense counsel

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 382 words · no verdicts yet

in plain englishAI-generated · not legal advice

Trial and defense counsel must be assigned for each general and special court-martial, with the qualifications and separation of roles stated here. Capital cases generally require a defense counsel learned in the applicable law, who may be civilian and compensated under Defense Department rules.

(a)(1) Trial and defense counsel must be assigned for each general and special court-martial; assistant trial counsel and assistant or associate defense counsel may also be assigned. The Secretary concerned must set assignment rules and identify who may assign counsel. (2) A person who served in the same case as preliminary-hearing officer, court member, military judge, military magistrate, or appellate judge may not later be trial or assistant trial counsel, or, unless the accused expressly requests it, defense counsel or assistant or associate defense counsel. A person who acted for the prosecution may not later act for the defense, and vice versa. (b) Trial counsel, defense counsel, and assistant defense counsel for a general court-martial must be qualified judge advocates under section 806(a)(1) (article 6(a)(1)) and certified competent by the appropriate Judge Advocate General. (c)(1) Defense counsel and assistant defense counsel for a special court-martial must have those qualifications. (2) The Judge Advocate General, under Presidential rules, must determine that special-court trial counsel and assistant trial counsel, and general-court assistant trial counsel, are competent. (d) As far as practicable, in a capital case at least one defense counsel must, as the Judge Advocate General decides, be learned in the applicable law. The counsel may be civilian if necessary and may be paid under Defense Secretary rules. (e) In a general or special court-martial referred by a special trial counsel, a special trial counsel must be assigned as trial counsel and may assign needed judge-advocate trial counsel.

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.

(2)

No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve 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)

Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial—

(1)

must be a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and

(2)

must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.

(c)

(1)

Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b).

(2)

Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such duties by the Judge Advocate General, under such rules as the President may prescribe.

(d)

To the greatest extent practicable, in any capital case, at least one defense counsel shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.

(e)

For each general and special court-martial for which charges and specifications were referred by a special trial counsel—

(1)

a special trial counsel shall be detailed as trial counsel; and

(2)

a special trial counsel may detail other trial counsel as necessary who are judge advocates.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90–179, § 1(5), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90–632, § 2(10), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 98–209, §§ 2(d), 3(c)(2), Dec. 6, 1983, 97 Stat. 1393, 1394; Pub. L. 114–328, div. E, title LV, § 5186, Dec. 23, 2016, 130 Stat. 2902; Pub. L. 117–81, div. A, title V, § 535, Dec. 27, 2021, 135 Stat. 1696; Pub. L. 119–60, div. A, title V, § 561(b)(1), Dec. 18, 2025, 139 Stat. 881.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1967Amended · Pub. L. 90-179 · 81 Stat. 546
1968Amended · Pub. L. 90-632 · 82 Stat. 1337
1983Amended · Pub. L. 98-209 · 97 Stat. 1393, 1394
2016Amended · Pub. L. 114-328 · 130 Stat. 2902
2021Amended · Pub. L. 117-81 · 135 Stat. 1696
2025Amended · Pub. L. 119-60 · 139 Stat. 881

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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