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(a)
The trial counsel of a general or special court-martial shall prosecute
in the name of the United States, 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 an investigation under section
832 of this title (article
32) 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 section 827 of this title (article
27); or
(B)
by military counsel of his own selection if that counsel is reasonably
available (as determined under regulations prescribed under paragraph
(7)).
(4)
If the accused is represented by civilian counsel, military counsel
detailed or selected under paragraph (3) shall act as associate counsel
unless excused at the request of the accused.
(5)
Except as provided under paragraph (6), if the accused is represented
by military counsel of his own selection under paragraph (3)(B),
any military counsel detailed under paragraph (3)(A) 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 section 827 of this title (article
27) 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 paragraph (3)(B), may approve a request from the accused
that military counsel detailed under paragraph (3)(A) act as associate
defense counsel.
(7)
The Secretary concerned shall, by regulation, define "reasonably
available" for the purpose of paragraph (3)(B) and establish procedures
for determining whether the military counsel selected by an accused
under that paragraph is reasonably available. Such regulations may
not prescribe any limitation based on the reasonable availability
of counsel solely on the grounds that the counsel selected by the
accused if from an armed force other than the armed force of which
the accuse is a member. To the maximum extent practicable, such regulations
shall establish uniform policies among the armed forces while recognizing
the differences in the circumstances and needs of the various armed
forces. The Secretary concerned shall submit copies of regulations
prescribed under this paragraph to the Committees on Armed Services
of the Senate and House of Representatives.
(c)
In any court-martial proceeding resulting in a conviction, the defense
counsel--
(1)
may foreword for attachment to the record of proceedings a brief
of such matters as he determines should be considered in behalf of
the accused on review (including any objections to the contents of
the record which he considers appropriate);
(2)
may assist the accused in the submission of any mater under section
860 of this title (article
60); and
(3)
may take other action authorized by this chapter.
(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 section 827 of this title (article
27), 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, under the direction of the defense counsel or when he is qualified
to be the defense counsel as required by section 827 of this title
(article 27), perform any duty imposed by law, regulation, or custom
of the service upon counsel for the accused.
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39. SESSIONS
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