Page:United States Statutes at Large Volume 62 Part 1.djvu/659

 62 STAT.] 80TH CONG., 2D SESS. -CH. 625-JUNE 24, 1948 "The authority appointing a general court-martial shall detail as one of the members thereof a law member who shall be an officer of the Judge Advocate General's Department or an officer who is a mem- ber of the bar of a Federal court or of the highest court of a State of the United States and certified by the Judge Advocate General to be qualified for such detail: Provided, That no general court-martial shall receive evidence or vote upon its findings or sentence in the absence of the law member regularly detailed. The law member, in addition to his duties as a member, shall perform the duties prescribed in article 31 hereof and such other duties as the President may by regulations prescribe." SEC. 207. Article 9 is amended to read as follows: "ART. 9. SrECIAL COTTTs-MARTIAL .- The commanding officer of a district, garrison, fort, camp, station, or other place where troops are on duty, and the commanding officer of an Army group, an Army, an Army corps, a division, brigade, regiment, detached battalion, or cor- responding unit of Ground or Air Forces, and the commanding officer of any other detached command or group of detached units placed under a single commander for this purpose may appoint special courts-martial; but when any such commanding officer is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by superior authority, and may in any case be appointed by superior authority when by the latter deemed desirable." SEC. 208. Article 11 is amended to read as follows: "ART. 11 . APPOINTMENT OF TBIAL JUDGE ADVOCATES AND COTN- SEL.-For each general or special court-martial the authority appoint- ing the court shall appoint a trial judge advocate and a defense counsel, and one or more assistant trial judge advocates and one or more assist- ant defense counsel when necessary: Provided, That the trial judge advocate and defense counsel of each general court-martial shall, if available, be members of the Judge Advocate General's Department or officers who are members of the bar of a Federal court or of the highest court of a. State of the United States: Provided further, That in all cases in which the officer appointed as trial judge advocate shall be a member of the Judge Advocate General's Department, or an officer who is a member of the bar of a Federal court or of the highest court of a State, the officer appointed as defense counsel shall likewise be a member of the Judge Advocate General's Department or an officer who is a member of the bar of a Federal court or of the highest court of a State of the United States: Provided further, That when the accused is represented by counsel of his own selection and does not desire the presence of the regularly appointed defense counsel or assistant defense counsel, the latter may be excused by the president of the court: Provided further, That no person who has acted as member, trial judge advocate, assistant trial judge advocate or investi- gating officer in any case shall subsequently act in the same case as defense counsel or assistant defense counsel unless expressly requested by the accused: Provided further, That no person who has acted as member, defense counsel, assistant defense counsel, or investigating officer in any case shall subsequently act in the same case as a member of the prosecution: Provided further, That no person who has acted as member, trial judge advocate, assistant trial judge advocate, defense counsel, assistant defense counsel, or investigating officer in any case shall subsequently act as a staff judge advocate to the review- ing or confirming authority upon the same case." SEC. 209. Article 12 is amended to read as follows: "ART. 12. GENERAL COURTs-MARTriL. -General courts-martial shall have power to try any person subject to military law for any crime or offense made punishable by these articles, and any other person who by the law of war is subject to trial by military tribunals: Pro- 629 Detail of law mem. ber. Additional duties. Post, p. 631. 41 Stat. 788. 10 U.S. C. §1480. 41 Stat. 789. 10 U.S. o. 0 1482. Defense counsel. Selection of counsel by accused. Restrictions. 41 Stat. 789. 10 U.S.. 1483.

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