§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
C
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§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.