(1) 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.
(2) The accused has the right to be represented in the accused’s defense before a general or special court-martial by civilian counsel if provided by the accused, or by military counsel of the accused’s own selection if reasonably available, or by the defense counsel detailed under ORS 398.136. Should the accused have counsel of the accused’s own selection, the defense counsel and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as associate counsel; otherwise they shall be excused by the military judge or by the president of a court-martial without a military judge.
(3) 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 defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which defense counsel considers appropriate.
(4) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when qualified to be a trial counsel as required by ORS 398.136, perform any duty imposed by law, regulation or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(5) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when qualified to be the defense counsel as required by ORS 398.136, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused. [1961 c.454 §117; 1975 c.719 §20; 1985 c.682 §29]Section: Previous 398.164 398.166 398.168 398.170 398.172 398.202 398.204 398.206 398.208 398.209 398.210 398.212 398.214 398.216 398.218 Next
Last modified: August 7, 2008