Qualifications of the defense counsel or the accused rights are as follows:

(1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation pursuant to §§ 33-10-100 to 33-10-104, inclusive, as provided in this section;

(2) The accused may be represented by civilian counsel at the provision and expense of the accused;

(3) The accused may be represented:

(a) By military counsel detailed by §§ 33-10-82 to 33-10-85, inclusive; or

(b) By military counsel of the accused’s own selection if that counsel is reasonably available as determined pursuant to subdivision (7) of this section;

(4) If the accused is represented by civilian counsel, military counsel detailed or selected pursuant to subdivision (3) of this section shall act as associate counsel unless excused at the request of the accused;

(5) Except as provided pursuant to subdivision (6) of this section, if the accused is represented by military counsel of the accused’s own selection pursuant to subsection (3)(b) of this section, any military counsel detailed pursuant to subsection (3)(a) of this section shall be excused;

(6) No accused may be represented by more than one military counsel. However, the person authorized pursuant to §§ 33-10-82 to 33-10-85, inclusive, to detail counsel, in that person’s sole discretion:

(a) May detail additional military counsel as assistant defense counsel; and

(b) If the accused is represented by military counsel of the accused’s own selection pursuant to subsection (3)(b) of this section, may approve a request from the accused that military counsel detailed pursuant to subsection (3)(a) of this section act as associate defense counsel; and

(7) The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available.

Source: SL 2012, ch 175, § 95.