Title 10 — Armed ForcesRelease 119-83
§824a Art. 24a. Special Trial Counsel
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter V— COMPOSITION OF COURTS-MARTIAL › § 824a
Summary
Each military Secretary must make rules to assign commissioned officers to serve as special trial counsel. A special trial counsel must be a judge advocate who meets the article 6(a)(1) qualification and who is certified as fit for the job by the service’s Judge Advocate General (or, for the Marine Corps, by the Staff Judge Advocate to the Commandant). A lead special trial counsel must be at least grade O–7. Special trial counsel must carry out the chapter’s duties and any other duties the Secretary sets in the rules. They alone decide whether a reported crime is a “covered offense” and control how those cases are handled. They can also take charge of related crimes and of other crimes alleged against the same person. For charges they control, only they can withdraw or dismiss charges, refer a case to a special or general court-martial, make plea deals, or decide if a rehearing is impracticable. Their decision to send charges to trial is final for the convening authority. If a special trial counsel declines to bring or refer charges, a commander may act instead, except the commander may not refer a covered offense to trial. Special trial counsel may choose to handle certain listed sexual, sexual-assault-related, child pornography, kidnapping, conspiracy, solicitation, and attempt offenses within the date ranges the law sets. If a special trial counsel takes such an offense, it becomes a covered offense, and they may then handle related offenses regardless of the dates.
Full Legal Text
Title 10, §824a
Armed Forces — Source: USLM XML via OLRC
(a)Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
(b)A special trial counsel shall be a commissioned officer who—
(1)(A)is a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and
(B)is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
(i)the Judge Advocate General of the armed force of which the officer is a member; or
(ii)in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
(2)in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7.
(c)(1)Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
(2)(A)A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
(B)If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense.
(3)Subject to paragraph (5), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter—
(A)on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications;
(B)refer the charges and specifications for trial by a special or general court-martial;
(C)enter into a plea agreement; and
(D)determine if an authorized rehearing is impracticable.
(4)The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications.
(5)If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.
(d)(1)A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:
(A)An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article 120a), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023.
(B)An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023.
(C)An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019.
(D)A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81).
(E)A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82).
(F)An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80).
(2)After January 1, 2025, a special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses:
(A)The standalone offense of sexual harassment punishable under section 934 of this title (article 134) in each instance in which—
(i)the offense occurs after January 26, 2022, and on or before January 1, 2025; and
(ii)a formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned.
(B)A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81).
(C)A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82).
(D)An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80).
(3)(A)If a special trial counsel exercises authority over an offense pursuant to paragraph (1) or (2), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter.
(B)If a special trial counsel exercises authority over an offense pursuant to subsection (c)(2)(A) or paragraph (1) or (2) of this subsection, the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2025—Subsec. (b)(1)(A). Pub. L. 119–60 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and”. 2024—Subsec. (d)(1)(A). Pub. L. 118–159, § 562(1), substituted “section 919a (article 119a), section 920 (article 120), section 920a (article 120a),” for “section 920 (article 120),”. Subsec. (d)(2), (3). Pub. L. 118–159, § 562(2), (3), added par. (2) and redesignated former par. (2) as (3). Subsec. (d)(3)(A). Pub. L. 118–159, § 562(4)(A), inserted “or (2)” after “paragraph (1)”. Subsec. (d)(3)(B). Pub. L. 118–159, § 562(4)(B), substituted “subsection (c)(2)(A) or paragraph (1) or (2) of this subsection” for “paragraph (1)”. 2023—Subsec. (d). Pub. L. 118–31 added subsec. (d). 2022—Subsec. (c)(3). Pub. L. 117–263, § 542(a)(1), substituted “Subject to paragraph (5)” for “Subject to paragraph (4)” in introductory provisions. Subsec. (c)(3)(D). Pub. L. 117–263, § 542(a)(2), substituted “an authorized rehearing” for “an ordered rehearing”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2023 AmendmentAmendment by Pub. L. 118–31 effective immediately after amendment by part 1 of subtitle D of title V of Pub. L. 117–81, see section 531(e) of Pub. L. 118–31, set out as a note under section 816 of this title.
Effective Date
of 2022 Amendment Pub. L. 117–263, div. A, title V, § 542(b), Dec. 23, 2022, 136 Stat. 2581, provided that: “The
Amendments
made by subsection (a) [amending this section] shall take effect immediately after the coming into effect of the
Amendments
made by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note).”
Effective Date
Section effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if
Regulations
are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as an
Effective Date
of 2021 Amendment note under section 801 of this title. Residual Prosecutorial Duties and Other Judicial Functions of Convening Authorities in Covered Cases Pub. L. 117–263, div. A, title V, § 541(c), Dec. 23, 2022, 136 Stat. 2580, provided that: “The President shall prescribe
Regulations
to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including granting immunity, ordering depositions, and hiring experts, with respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692)), are transferred to the military judge, the special trial counsel, or other authority as appropriate in such cases by no later than the
Effective Date
established in section 539C of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 801 note), in consideration of due process for all parties involved in such a case.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 824a
Title 10 — Armed Forces
Last Updated
Apr 18, 2026
Release point: 119-83