123STA T . 2 578PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9‘ ‘ (4)TheS e cr e ta r yofD efe ns e sha l l p rescr ib ere gu lations pro -v i d ing for the m anner in w hich trial counsel and military defense counsel are detailed for military commissions under this chapter and for the persons who are authori z ed to detail such counsel for such military commissions . ‘‘(b) T RIALCOUNSE L. — Sub j ect to subsection (e) , a trial counsel detailed for a military commission under this chapter shall be— ‘‘( 1 ) a judge advocate (as that term is defined in section 80 1 of this title (article 1 of the U niform Code of M ilitary J ustice)) who is— ‘‘( A ) a graduate of an accredited law school or a member ofthebarofa F ederal court or of the highest court of a State
and ‘‘( B ) certified as competent to perform duties as trial counsel before general courts-martial by the Judge Advo- cate G eneral of the armed force of which such judge advo- cate is a member; or ‘‘( 2 ) a civilian who is— ‘‘(A) a member of the bar of a Federal court or of the highest court of a State; and ‘‘(B) otherwise q ualified to practice before the military commission pursuant to regulations prescribed by the Sec- retary of Defense. ‘‘(c) DE F ENSE COUNSEL.—(1) Subject to subsection (e), a military defense counsel detailed for a military commission under this chapter shall be a judge advocate (as so defined) who is— ‘‘(A) a graduate of an accredited law school or a member of the bar of a Federal court or of the highest court of a State; and ‘‘(B) certified as competent to perform duties as defense counsel before general courts-martial by the Judge Advocate General of the armed force of which such judge advocate is a member. ‘‘(2) The Secretary of Defense shall prescribe regulations for the appointment and performance of defense counsel in capital cases under this chapter. ‘‘(d) C H IEF P ROSE C U T OR; CHIEF DEFENSE COUNSEL.—(1) The Chief Prosecutor in a military commission under this chapter shall meet the requirements set forth in subsection (b)(1). ‘‘(2) The Chief Defense Counsel in a military commission under this chapter shall meet the requirements set forth in subsection (c)(1). ‘‘(e) I NELI G I B ILIT Y OF CERTAIN IN D I V IDUALS.— N o person who has acted as an investigator, military judge, or member of a military commission under this chapter in any case may act later as trial counsel or military defense counsel in the same case. No person who has acted for the prosecution before a military commission under this chapter may act later in the same case for the defense, nor may any person who has acted for the defense before a military commission under this chapter act later in the same case for the prosecution. ‘ ‘ §948l.Detai l or e mp lo y me n to f reporter s an d interpreters ‘‘(a) COURT R E P ORTERS.—Under such regulations as the Sec- retary of Defense may prescribe, the convening authority of a mili- tary commission under this chapter shall detail to or employ for the military commission qualified court reporters, who shall prepare Regulations. Regulations.
