(a)  The authority convening a general court-martial shall detail as the law officer thereof a commissioned officer who is a member of the bar of the supreme court of the state, or a member of the bar of a federal court, and who is certified to be qualified for that duty by the state judge advocate. No person is eligible to act as law officer in a case if that person is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.

Terms Used In Rhode Island General Laws 30-13-28

  • Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest, other than an official interest, in the prosecution of the accused;
    (2) "Active state duty" means full-time duty in the active military service of the state under an order of the governor issued under authority vested in the governor by law, and includes travel to and from that duty;
    (3) "Code" means this chapter;
    (4) "Commanding officer" includes only commissioned officers;
    (5) "Commissioned officer" includes a commissioned warrant officer;
    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command;
    (7) "Duty status other than active state duty" means any type of required duty other than that set forth in subdivision (2) of this section and includes travel to and from that duty;
    (8) "Enlisted member" means a person in an enlisted grade;
    (9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designed as a grade by law or regulation;
    (10) Law officer" means an official of a general court-martial detailed in accordance with § 30-13-28
    (11) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty (law);
    (12) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command;
    (13) "May" is used in a permissive sense. See Rhode Island General Laws 30-13-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b)  The law officer may not consult with the members of the court, other than on the form of the findings as provided in § 30-13-42, except in the presence of the accused, trial counsel, and defense counsel, nor may the law officer vote with the members of the court.

History of Section.
G.L. 1956, § 30-13-28; P.L. 1962, ch. 82, § 1.