35.190 Duties of trial counsel and defense counsel.

393 words·~2 min read·/ky/chapter-35/35-190

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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, and shall,

under the direction of the court, prepare the record of the proceedings.

(a)The accused has the right to be represented in defense before a general or

special court-martial under KRS 35.160 as provided in this subsection.

(b)The accused may be represented by civilian counsel at the provision and

expense of the accused.

(c)The accused may be represented:

1. By military counsel detailed under KRS 35.130; or

2. By military counsel of the accused's own selection if that counsel is

reasonably available as determined under paragraph

(g)of this

subsection.

(d)If the accused is represented by civilian counsel, military counsel detailed or

selected under paragraph

(c)of this subsection shall act as his associate

counsel unless excused at the request of the accused.

(e)Except as provided under paragraph

(f)of this subsection, if the accused is

represented by military counsel of his own selection under paragraph (c)2. of

this subsection, any military counsel detailed under paragraph (c)1. of this

subsection shall be excused.

(f)The accused is not entitled to be represented by more than one

(1)military

counsel. However, the person authorized under regulations prescribed under

KRS 35.130 to detail counsel, in that person's sole discretion:

1. May detail additional military counsel as assistant defense counsel; and

2. If the accused is represented by military counsel of the accused's own

selection under paragraph (c)2. of this subsection, may approve a request

from the accused that military counsel detailed under paragraph (c)1. of

this subsection act as associate defense counsel.

(g)The senior force judge advocate of the same force of which the accused is a

member, shall determine whether the military counsel selected by an accused

is reasonably available.

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

(a)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 may deem

appropriate;

(b)Assist the accused in the submission of any matter under KRS 35.326; and

(c)Take other action authorized by this code.