Subchapter V · Composition of Courts-Martial
Article 27. Detail of trial counsel and defense counsel
2024 Manual for Courts-Martial, United States · Last updated
Recent revisions Summary of changes Cited by (26)(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 Secretary concerned shall prescribe 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 court-martial—
(1) must be a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and revised · Public Law No. 119-60 (NDAA 2026)
(2) must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
(c)
(1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b).
(2) Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such duties by the Judge Advocate General, under such rules as the President may prescribe.
(d) To the greatest extent practicable, in any capital case, at least one defense counsel shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.
(e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel—
(1) a special trial counsel shall be detailed as trial counsel; and
(2) a special trial counsel may detail other trial counsel as necessary who are judge advocates.
Cross-referencesCited by 26Cites 2
Cited by
Provisions elsewhere in the Manual whose text cites Article 27. Each link opens the citing provision.
Rules for Courts-Martial
…the preliminary hearing shall detail an impartial judge advocate, not the accuser, who is certified under Article 27(b)(2) to conduct the hearing. The Judge Advocate General of the armed force of which the officer is a member, or,…
An impartial judge advocate certified under Article 27(b)(2) shall be available to provide legal advice to the detailed preliminary hearing officer.
When it is impracticable to appoint a judge advocate certified under Article 27(b)(2) due to exceptional circumstances:
Detailed counsel. Military counsel certified in accordance with Article 27(b) shall be detailed to represent the accused.
General courts-martial. Only persons certified under Article 27(b) as competent to perform duties as counsel in courts-martial by the Judge Advocate General of the armed force…
Detailed military counsel. Only persons certified under Article 27(b) as competent to perform duties as counsel in courts-martial by the Judge Advocate General of the armed force…
Discussion under R.C.M. 502(d)(2)(C)(ii) — Qualifications and duties of personnel of courts-martial (27(d))
See Article 27(d). There exists no bright line or per se rule to determine the qualifications necessary for capital cases and…
R.C.M. 506(a)(1) — Accused’s rights to counsel
…retained by the accused at no expense to the Government, and either by the military counsel detailed under Article 27 or military counsel of the accused’s own selection, if reasonably available. The accused is not entitled…
Discussion under R.C.M. 506(a)(2) — Accused’s rights to counsel
The requirements of Article 27 are satisfied where an accused retains civilian counsel who is determined by the Judge Advocate General to…
…request for a deposition is approved, the convening authority shall detail a judge advocate certified under Article 27(b) to serve as deposition officer. In exceptional circumstances, when the appointment of a judge advocate as…
…unless a special trial counsel determines otherwise and another trial counsel, who is qualified according to Article 27(b), is also present. An assistant counsel who lacks the qualifications necessary to serve as counsel for a…
…are to be performed or in each case separately. In the case of certified legal personnel (Article 26(b); Article 27(b)), these regulations may provide for the administration of an oath on a one-time basis. See also R.C.M. 813…
…counsel and one or more commissioned officers as appellate defense counsel who are qualified under Article 27(b)(1).
Military Rules of Evidence
…to counsel under this rule requests counsel, a judge advocate or an individual certified in accordance with Article 27(b) will be provided by the United States at no expense to the person and without regard to the person's…
…to counsel under this rule requests counsel, a judge advocate or a person certified in accordance with Article 27(b) will be provided by the United States at no expense to the accused or suspect and without regard to…
Uniform Code of Military Justice
whenever practicable, shall be a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)); or
…officer under paragraph (1)(B), a judge advocate who is certified under section 827(b)(2) of this title (article 27(b)(2)) shall be available to provide legal advice to the hearing officer.
Art. 35(a) — Service of charges; commencement of trial
IN GENERAL.— Trial counsel detailed for a court-martial under section 827 of this title (article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial.
Art. 38(b)(3)(A) — Duties of trial counsel and defense counsel
by military counsel detailed under section 827 of this title (article 27); or
Art. 38(b)(6) — Duties of trial counsel and defense counsel
…counsel. However, the person authorized under regulations prescribed under section 827 of this title (article 27) to detail counsel, in his sole discretion—
Art. 38(d) — Duties of trial counsel and defense counsel
…of the trial counsel or when he is qualified to be a trial counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the…
Whenever practicable, by an impartial judge advocate certified under section 827(b) of this title (article 27(b)).
Art. 49(b) — Depositions
…in the same manner as trial counsel and defense counsel are detailed under section 827 of this title (article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the…
…commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27(b)(1)).
…convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer…
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).
Article 27 cites
Provisions named in the text of Article 27. Where the cited provision is on this site, the link opens it.