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This entry was published on 2014-09-22
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SECTION 130.38
Duties of trial counsel and defense counsel
Military (MIL) CHAPTER 36, ARTICLE 7, PART 7
§ 130.38. Duties of trial counsel and defense counsel. (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 shall have the right to be represented in his defense
before a general or special court-martial by civilian counsel if
provided by him, or by military counsel of his own selection if
reasonably available, or by the defense counsel duly appointed pursuant
to section 130.27. Should the accused have counsel of his own selection,
the duly appointed defense counsel, and assistant defense counsel, if
any, shall, if the accused so desires, act as his associate counsel;
otherwise they shall be excused by the military judge or by the
president of a court-martial without a military judge.

(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 feels should be considered in behalf of
the accused on review, including any objection to the contents of the
record which he may deem appropriate.

(d) An assistant trial counsel of a general court-martial may, under
the direction of the trial counsel or when he is qualified to be a trial
counsel as required by section 130.27, 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.

(e) An assistant defense counsel of a general or special court-martial
may, under the direction of the defense counsel or when he is qualified
to be the defense counsel as required by section 130.27, perform any
duty imposed by law, regulation, or the custom of the service upon
counsel for the accused.