Sec. 38. Article 38.

411 words·~2 min read·/il/chapter-20/act-1807/38

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Sec. 38. Article 38. Duties of trial counsel and defense counsel.

(a)The trial counsel of a general or special court-martial shall be a member in good standing of the State bar and shall prosecute in the name of the State of Illinois, and shall, under the direction of the court, prepare the record of the proceedings.

(b)(1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under Article 32 of this Code as provided in this subsection.

(2)The accused may be represented by civilian counsel at the provision and expense of the accused.

(3)The accused may be represented:

(A)by military counsel detailed under Article 27 of this Code; or

(B)by military counsel of the accused's own selection if that counsel is reasonably

available as determined under paragraph (7).

(4)If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph

(3)shall act as associate counsel unless excused at the request of the accused.

(5)Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under subparagraph

(B)of paragraph (3), any military counsel detailed under subparagraph

(A)of paragraph

(3)shall be excused.

(6)The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under Article 27 of this Code to detail counsel, in that person's sole discretion:

(A)may detail additional military counsel as assistant defense counsel; and

(B)if the accused is represented by military counsel of the accused's own selection

under subparagraph

(B)of paragraph (3), may approve a request from the accused that military counsel detailed under subparagraph

(A)of paragraph

(3)act as associate defense counsel.

(7)The senior State Judge Advocate of the same state of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.

(c)In any court-martial proceeding resulting in a conviction, the defense counsel:

(1)may forward for attachment to the record of proceedings a brief of such matters

as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate;

(2)may assist the accused in the submission of any matter under Article 60 of this

Code; and

(3)may take other action authorized by this Code.