3.2d UCMJ | Composition of Courts Martial – Chapter V

Article 25: Who May Serve on a Courts-Martial

Any commissioned officer on active duty

Any enlisted member on active duty who is not junior in rank or grade to the accused

The convening authority shall detail individuals best qualified by reason of age, education, training, experience, length of service, and judicial temperament

Article 27: Detail of Trial Counsel and Defense Counsel

Trial Counsel (TC) and Defense Counsel (DC) will be detailed to each general court-martial (GCM) & special court-martial (SPCM)

No person who acted in a case as a preliminary hearing officer, judge, or court member may later act as TC or DC in that same case

No person who acted for the prosecution may act for the defense, nor may a person who acted for the defense later act for the prosecution, in the same case