Okla. Stat. tit. 44, § 44-827: Detail of trial counsel and defense counsel

ARTICLE 27. Detail of trial counsel and defense counsel.

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 Adjutant General shall

promulgate 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 or a special court-martial:

1. Shall 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; and

2. Shall be certified as competent to perform such duties by

the senior force component judge advocate of the same force

component of the state military forces of which he or she is a

member.

C. Any costs arising from the detailing of a military defense

counsel from a National Guard organization other than the Oklahoma

National Guard may be reimbursed out of funds available in the

Military Justice Fund established in Section 941 of this title.