§949c — Title 10 Armed Forces | U.S. Code

Summary

The trial counsel must bring and conduct prosecutions in the name of the United States. An accused must have a lawyer for defense in a military commission. The lawyer can be a military attorney assigned under section 948k or a military lawyer chosen by the accused if one is reasonably available. The accused may hire a civilian lawyer if the accused keeps them and the lawyer meets five rules: is a U.S. citizen, is licensed to practice law in a U.S. state/district/possession or before a federal court, has no relevant disciplinary sanctions, is cleared for Secret-or-higher classified information, and signs an agreement to follow the rules for counsel. If a civilian lawyer takes the case, a military lawyer will serve as associate counsel. Normally only one military lawyer represents the accused, but the official who assigns lawyers under section 948k may add more at their sole choice. Defense lawyers may cross-examine each government witness. Civilian defense lawyers must protect classified information and not share it with anyone not authorized.

Title 10, §949c

Armed Forces — Source: USLM XML via OLRC

(a)The trial counsel of a military commission under this chapter shall prosecute in the name of the United States.

(b)(1)The accused shall be represented in the accused’s defense before a military commission under this chapter as provided in this subsection.

(2)The accused may be represented by military counsel detailed under section 948k of this title or by military counsel of the accused’s own selection, if reasonably available.

(3)The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel—

(A)is a United States citizen;

(B)is admitted to the practice of law in a State, district, or possession of the United States, or before a Federal court;

(C)has not been the subject of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct;

(D)has been determined to be eligible for access to information classified at the level Secret or higher; and

(E)has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of court for conduct during the proceedings.

(4)If the accused is represented by civilian counsel, military counsel shall act as associate counsel.

(5)The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 948k of this title to detail counsel, in such person’s sole discretion, may detail additional military counsel to represent the accused.

(6)Defense counsel may cross-examine each witness for the prosecution who testifies before a military commission under this chapter.

(7)Civilian defense counsel shall protect any classified information received during the course of representation of the accused in accordance with all applicable law governing the protection of classified information, and may not divulge such information to any person not authorized to receive it.

Editorial Notes

Prior Provisions

A prior section 949c, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2610, related to duties of trial counsel and defense counsel, prior to the general amendment of this chapter by Pub. L. 111–84.

§949c Duties of trial counsel and defense counsel

Summary

Title 10, §949c

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata