Summary of changes
Article 27 — Detail of trial counsel and defense counsel
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
1 amended
0 added
0 removed
12 unchanged
1 authority-backed edit · recorded
2026-07-11 – 2026-07-11
Authorities behind these changes
- Public Law No. 119-60 (NDAA 2026) · Public Law, eff. 2025-12-18 · 1 change
Showing every provision.
Provisions
27(a)
unchanged
Original text
Current text
27(a)(1)
unchanged
Original text
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.
Current text
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.
27(a)(2)
unchanged
Original text
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.
Current text
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.
27(b)
unchanged
Original text
Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial—
Current text
Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial—
27(b)(1)
amended
Version history
Original text
must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; or must be a member of the bar of a Federal court or of the highest court of a State; and
Current text
must be a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and
All changes since the original (removed / added)
must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; or must be a member of the bar of aqualified Federalunder courtsection or806(a)(1) of the highest courtthis oftitle a(article State;6(a)(1)); and
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-11 | Public Law No. 119-60 (NDAA 2026) (Public Law, eff. 2025-12-18) | Pub. L. 119–60 § 561(b)(1) (eff. Dec. 18, 2025) conformed the qualification to the new Art. 6(a)(1) standard. | admin |
must be a judge advocate who is |
||||
27(b)(2)
unchanged
Original text
must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
Current text
must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
27(c)
unchanged
Original text
Current text
27(c)(1)
unchanged
Original text
Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b).
Current text
Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b).
27(c)(2)
unchanged
Original text
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.
Current text
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.
27(d)
unchanged
Original text
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.
Current text
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.
27(e)
unchanged
Original text
For each general and special court-martial for which charges and specifications were referred by a special trial counsel—
Current text
For each general and special court-martial for which charges and specifications were referred by a special trial counsel—
27(e)(1)
unchanged
Original text
a special trial counsel shall be detailed as trial counsel; and
Current text
a special trial counsel shall be detailed as trial counsel; and
27(e)(2)
unchanged
Original text
a special trial counsel may detail other trial counsel as necessary who are judge advocates.
Current text
a special trial counsel may detail other trial counsel as necessary who are judge advocates.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.