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Title 10 — Armed ForcesRelease 119-73not60

§870 Art. 70. Appellate Counsel

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter IX— POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL › § 870

Last updated Apr 3, 2026|Official source

Summary

The Judge Advocate General must assign one or more commissioned officers to serve as appellate Government counsel and one or more as appellate defense counsel. Those officers must meet the qualifications in section 827(b)(1). Appellate Government counsel will represent the United States before the Courts of Criminal Appeals or the Court of Appeals for the Armed Forces when the Judge Advocate General directs it, and may go to the Supreme Court if the Attorney General requests. Appellate defense counsel will represent an accused before those courts or the Supreme Court when the accused asks, when the United States has counsel, or when the Judge Advocate General refers the case to the Court of Appeals for the Armed Forces. An accused may hire civilian counsel instead. Appellate counsel also do other review work the Judge Advocate General assigns. In capital cases, at least one defense counsel must be experienced in capital law; that lawyer can be a civilian and may be paid under Department of Defense rules.

Full Legal Text

Title 10, §870

Armed Forces — Source: USLM XML via OLRC

(a)The Judge Advocate General shall detail in his office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 27(b)(1)).
(b)Appellate Government counsel shall represent the United States before the Court of Criminal Appeals or the Court of Appeals for the Armed Forces when directed to do so by the Judge Advocate General. Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.
(c)Appellate defense counsel shall represent the accused before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court—
(1)when requested by the accused;
(2)when the United States is represented by counsel; or
(3)when the Judge Advocate General has sent the case to the Court of Appeals for the Armed Forces.
(d)The accused has the right to be represented before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court by civilian counsel if provided by him.
(e)Military appellate counsel shall also perform such other functions in connection with the review of court martial cases as the Judge Advocate General directs.
(f)To the greatest extent practicable, in any capital case, at least one defense counsel under subsection (c) shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 870(a)870(b)50:657(a).50:657(b).May 5, 1950, ch. 169, § 1 (Art. 70), 64 Stat. 130. 870(c)50:657(c). 870(d)50:657(d). 870(e)50:657(e). In subsection (a), the word “detail” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense. The word “commissioned” is inserted for clarity. The word “are” is substituted for the words “shall be”. The words “the provisions of” are omitted as surplusage. In subsections (b) and (c), the word “shall” is substituted for the words “It shall be the duty of * * * to”. In subsection (c)(3), the word “sent” is substituted for the word “transmitted”. In subsection (d), the word “has” is substituted for the words “shall have”. In subsection (e), the word “directs” is substituted for the words “shall direct”.

Editorial Notes

Amendments

2016—Subsec. (f). Pub. L. 114–328 added subsec. (f). 1994—Subsecs. (b) to (d). Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals” wherever appearing. 1983—Subsec. (b). Pub. L. 98–209, § 10(c)(3)(A), inserted provision that Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General. Subsecs. (c), (d). Pub. L. 98–209, § 10(c)(3)(B), amended subsecs. (c) and (d) generally, inserting references to the Supreme Court. 1968—Subsecs. (b) to (d). Pub. L. 90–632 substituted “Court of Military Review” for “board of review” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date

of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 870

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60