U.S. v. Steele, 53 M.J. 274

Military Justice Personnel: Defense Function: Right to Counsel

1. once a state licensing authority has reviewed the qualifications and admitted an attorney to practice, a subsequent change in bar status alone does not necessarily result in a determination that there has been a denial of the Sixth Amendment right to counsel

Military Justice Personnel: Defense Function: Civilian Counsel

1. neither the Code nor the Manual expressly disqualifies a civilian attorney from representing an accused at courts-martial on the grounds that his or her bar status is designated as “inactive”
2. admission to practice law is the necessary indicia that a level of competence has been achieved and reviewed by a competent licensing authority; this determination is not necessarily eviscerated when sanctions are imposed by a state bar or by changes in counsel’s status where those matters do not demonstrate a negative determination of counsel’s competence
3. civilian counsel’s “inactive” status in his state bar associations did not reflect adversely upon his competence; nor did it reflect any change in the determination of his competence to practice law by any of those state bar associations; thus, the mere fact that appellant’s civilian counsel did not maintain an active status in his licensing states was not a per se disqualifying factor

Military Justice Personnel: Defense Function: Effective / Ineffective Assistance of Counsel

1. because appellant presented no issue of competence arising from civilian counsel’s “inactive” bar status, and because appellant has not shown that civilian counsel’s performance was otherwise deficient, appellant failed to meet his heavy burden of showing that he was denied the ineffective assistance of counsel