(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings.
(b) The accused has the right to be represented in his or her defense before a general or special court-martial by:
(1) Civilian counsel if provided by the accused;
(2) Military counsel of the accused's own selection if reasonably available; or
(3) The defense counsel detailed under this code.
(c) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as he or she feels should be considered in behalf of the accused on review including any objection to the contents of the record which he or she considers appropriate.
(d) (1) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by this code, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court.
(2) An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by this code, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
Section: Previous 12-64-503 12-64-504 12-64-505 12-64-506 12-64-507 12-64-508 12-64-509 12-64-510 12-64-511 12-64-512 12-64-513 12-64-514 12-64-515 12-64-516 12-64-517 NextLast modified: November 15, 2016