Yes, civilian attorneys who represent service members in military proceedings are absolutely bound by the same rules of procedure and professional conduct as their military counterparts. When a civilian lawyer enters an appearance in a military court-martial or at an Article 32 hearing, they subject themselves to the jurisdiction of that military court and its rules.
This means the civilian attorney must follow the procedures laid out in the Manual for Courts-Martial (MCM), including the Rules for Courts-Martial (R.C.M.) and the Military Rules of Evidence (MRE). They must adhere to the timelines, filing requirements, and courtroom decorum established by military law. Ignorance of the military-specific rules is not an excuse for non-compliance.
Furthermore, civilian counsel is subject to the professional responsibility standards that govern military practice. While they are also bound by the rules of their state bar, they must additionally comply with the ethical rules applicable to military lawyers. A civilian attorney who engages in professional misconduct during a military proceeding can be admonished, disqualified from a particular case, or even barred from practicing before military courts by the Judge Advocate General of that service.
For this reason, it is critical for a service member to hire a civilian attorney who has experience and expertise in military law. An attorney unfamiliar with the unique procedures of the Article 32 hearing or the nuances of the MCM will be at a significant disadvantage and may inadvertently harm their client’s case. Effective representation requires fluency in the specific legal language and procedural landscape of the military justice system.