NRS 412.364 Duties of trial counsel and defense counsel.

539 words·~2 min read·/nv/chapter-412-state-militia/412-364

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 prosecute in the name of the State and shall, under the direction of the court, prepare the record of the proceedings.

2. The accused has the right to be represented in his or her defense before a general or special court-martial or at an investigation as provided in NRS 412.348 .

3. The accused may be represented:

(a)In his or her defense before a general or special court-martial, by civilian counsel at the provision and expense of the accused;

(b)By military counsel selected by the accused if reasonably available; or

(c)By the defense counsel detailed under NRS 412.336 .

4. Should the accused have counsel of his or her own selection, the defense counsel and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her associate counsel, otherwise they shall be excused by the president of the court.

5. Except as otherwise provided in subsection 6, if the accused is represented by military counsel of his or her own selection pursuant to paragraph

(b)of subsection 3, any military counsel detailed in paragraph

(c)of subsection 3 must 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 NRS 412.336 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 pursuant to paragraph

(b)of subsection 3, may approve a request from the accused that military counsel detailed in paragraph

(c)of subsection 3 act as associate defense counsel.

7. The senior force judge advocate of the same component of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.

8. In every court-martial proceeding the defense counsel may, in the event of conviction:

(a)Forward for attachment to the record of proceedings a brief of such matters as the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he or she considers appropriate;

(b)Assist the accused in the submission of any matter under NRS 412.452 to 412.562 , inclusive; and

(c)Take other action authorized by this Code.

9. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by NRS 412.336 , 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.

10. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by NRS 412.336 , perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.