RS 29:138

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RS 29:138

§138. Article 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.(1) The accused has the right to be represented in his defense before a general or special court-martial or at a preliminary hearing under Article 32 of this Code as provided in this Subsection.

(2)The accused may be represented by civilian counsel if provided by him.

(3)The accused may be represented:

(a)By military counsel detailed under Article 27 of this Code; or

(b)By military counsel of his own selection if that counsel is reasonably available, as determined under regulations and rules of procedure prescribed under Article 36 of this Code.

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

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

(5)Except as provided under Paragraph

(6)of this Subsection, if the accused is represented by military counsel of his own selection under Subparagraph (3)(b) of this Subsection, any military counsel detailed under Subparagraph (3)(a) of this Subsection 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 his sole discretion:

(a)May detail additional military counsel as assistant defense counsel; and

(b)If the accused is represented by military counsel of his own selection under Subparagraph (3)(b) of this Subsection, may approve a request from the accused that military counsel detailed under Subparagraph (3)(a) of this Subsection act as associate defense counsel.

C. In any court-martial proceeding resulting in a conviction, the defense counsel may:

(1)Forward for attachment to the record of proceedings a brief of such matters he determines should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.

(2)Take other action authorized by this Code.

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 Article 27 of this Code, 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 perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.

Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.