Ill. Admin. Code tit. 95 § 400.805

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.805 - Duties of Trial Counsel and Defense Counsel

a) Trial Counsel. The trial counsel of a general or special court-martial shall be a member in good standing of the State bar and shall prosecute in the name of the State of Illinois, and shall, under the direction of the court, prepare the record of the proceedings.

b) Counsel for the Accused

1)The accused has the right to be represented in defense before a general or special court-martial or at an investigation under Code Section 32 as provided in this subsection (b).

2)The accused may be represented by civilian counsel at the provision and expense of the accused.

3)The accused may be represented by:

A)military counsel detailed under Code Section 27; or

B)military counsel of the accused's own selection if that counsel is reasonably available as determined under subsection (b)(9).

4)If the accused is represented by civilian counsel, military counsel detailed or selected under subsection (b)(3) shall act as associate counsel unless excused at the request of the accused.

5)Except as provided under subsection (b)(6), if the accused is represented by military counsel of his or her own selection under subsection (b)(3)(B), any military counsel detailed under subsection (b)(3)(A) shall be excused.

6)The accused is not entitled to be represented by more than one military counsel. However, the convening authority, in his or her sole discretion, may:

A)detail additional military counsel as assistant defense counsel; and

B)if the accused is represented by military counsel of the accused's own selection under subsection (b)(3)(B), approve a request from the accused that military counsel detailed under subsection (b)(3)(A) act as associate defense counsel. (Code Section 38(b)(1) through (6))

7) Under the supervision of the defense counsel, an assistant defense counsel may perform any act or duty that a defense counsel may perform under the Code or this Manual.

8) Defense counsel may be excused only with the express consent of the accused or by the military judge upon application for withdrawal by the defense counsel for good cause shown, unless defense counsel faces immediate ethical or moral dilemma in ongoing representation.

9)The seniorjudge advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available. (Code Section 38(b)(7))

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 as counsel determines should be considered on behalf of the accused on review, including any objection to the contents of the record that counsel considers appropriate;

2)assist the accused in the submission of any matter under Code Section 60; and

3)take other action authorized bytheCode. (Code Section 38(c))

Ill. Admin. Code tit. 95, § 400.805

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.