Sec. 531. Special trial counsel
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/bill/117/s/1605/eah/section-531·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section: Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. A special trial counsel shall be a commissioned officer who— is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by— the Judge Advocate General of the armed force of which the officer is a member; or in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7.
Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense.
Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter— on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; refer the charges and specifications for trial by a special or general court-martial; enter into a plea agreement; and determine if an ordered rehearing is impracticable.
The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial. .
The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item: 824a. Art 24a. Special trial counsel. . Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan of the Secretary for detailing officers to serve as special trial counsel pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection
(a)of this section). Each report under paragraph
(1)shall include the following— The plan of the Secretary concerned— for staffing billets for— special trial counsel who meet the requirements set forth in section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by subsection
(a)of this section); and defense counsel for cases involving covered offenses; and for supporting and ensuring the continuing professional development of military justice practitioners. An estimate of the resources needed to implement such section 824a (article 24a). An explanation of other staffing required to implement such section 824a (article 24a), including staffing levels required for military judges, military magistrates, military defense attorneys, and paralegals and other support staff. A description of how the use of special trial counsel will affect the military justice system as a whole. A description of how the Secretary concerned plans to place appropriate emphasis and value on litigation experience for judge advocates in order to ensure judge advocates are experienced, prepared, and qualified to handle covered offenses, both as special trial counsel and as defense counsel. Such a description shall address promotion considerations and explain how the Secretary concerned plans to instruct promotion boards to value litigation experience. Any additional resources, authorities, or information that each Secretary concerned deems relevant or important to the implementation of the requirements of this title. In this subsection— The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. The term covered offense has the meaning given that term in section 801(17) of title 10, United States Code (as added by section 533 of this part).