Missouri § 40.098 - Trial counsel and defense counsel appointed, when — qualifications — restrictions.
Full text of Missouri Revised Statutes of Missouri § 40.098 — Trial counsel and defense counsel appointed, when — qualifications — restrictions., with citation guidance and answers to common questions.
§ 40.098. Trial counsel and defense counsel appointed, when — qualifications — restrictions.
1. For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case shall act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution shall act later in the same case for the defense, nor shall any person who has acted for the defense act later in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a court-martial:
(1) Must be an officer of the military forces, who is a graduate of an accredited law school and a member of the Missouri Bar, or must be a member of the bar of a federal court or of the highest court of a state; and
(2) Must be certified as competent to perform such duties by the state judge advocate.
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(L. 1984 H.B. 1035 § 28)
---- end of effective 28 Aug 1984 ----
Source: official Missouri text · Last verified 2026-08-27
Frequently Asked Questions About Missouri § 40.098
What does Revised Statutes of Missouri § 40.098 cover?
Section 40.098 ("Trial counsel and defense counsel appointed, when — qualifications — restrictions.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Missouri § 40.098?
A common citation format is "Revised Statutes of Missouri § 40.098" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Missouri law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.
How does Missouri § 40.098 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.