Section 124B-63 - 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) The accused shall have the right to be represented in the accused's defense before a general or special court-martial or at a preliminary hearing under section 124B-54 as provided in this section.(c) The accused may be represented:(1) By military counsel detailed under section 124B-47;(2) By military counsel of the accused's own selection if that counsel is reasonably available as determined under subsection (f); or(3) By civilian counsel if provided by the accused. If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (1) or (2) shall act as associate counsel unless excused at the request of the accused.
(d) Except as provided under subsection (e), if the accused is represented by military counsel of the accused's own selection under subsection (c)(2), any military counsel detailed under subsection (c)(1) shall be excused.(e) The accused shall not be entitled to be represented by more than one military counsel; provided that the person authorized under section 124B-47 to detail counsel in their own discretion may: (1) Detail additional military counsel as assistant defense counsel; and(2) Approve a request from the accused that military counsel detailed under subsection (c)(1) act as assistant defense counsel, if the accused is represented by military counsel of the accused's own selection under subsection (c)(2).(f) The senior force judge advocate shall determine whether the military counsel selected by the accused is reasonably available.(g) 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 the matters that the defense counsel determines should be considered on behalf of the accused on review, including any objection to the contents of the record that the defense counsel considers appropriate;(2) Assist the accused in the submission of any matter under part IX; and(3) Take other actions authorized by this chapter.(h) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when the assistant trial counsel is qualified to be a trial counsel as required by section 124B-47, perform any duty imposed by law, rule, 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.(i) An assistant defense counsel of a general or special court-martial may perform any duty imposed by law, rule, or the custom of the service upon counsel for the accused.Added by L 2022, c 286,§ 2, eff. 1/1/2023.