§ 28-3.1-303 — Duties of trial counsel and defense counsel

Colorado § 28-3.1-303

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

(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 proceedings.

(2) The accused has the right to be represented in his or her defense before a
general or special court-martial by civilian counsel if provided by him or her, or by
military counsel of his or her own selection if reasonably available, or by the
defense counsel detailed under section 28-3.1-211. If the accused has 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 military judge.

(3) In every court-martial proceeding, the defense counsel may, in the event
of conviction, forward for attachment to the record of proceedings a brief of the
matters he or she 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.

(4) 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 section 28-3.1-211, 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.

(5) 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 section 28-3.1-211, perform any duty imposed by
law, regulation, or the custom of the service upon counsel for the accused.

Legislative History

Source: L. 83: Entire article added, p. 1175, � 1, effective June 10. L. 2002: (2) to (5) amended, p. 610, � 80, effective May 24.