10 U.S.C. § 949c: Duties of trial counsel and…

Summary

Trial lawyers must bring the case in the name of the United States. A person accused at a military commission must have a lawyer. The accused can have military counsel assigned under section 948k or a military lawyer they pick if one is reasonably available. The accused can hire a civilian lawyer if the lawyer is a U.S. citizen, is licensed to practice in a State, district, possession, or federal court, has no relevant disciplinary sanction, is cleared to see Secret or higher classified information, and agrees in writing to follow the rules for counsel. If a civilian lawyer represents the accused, a military lawyer will serve as associate counsel. Usually the accused is allowed only one military counsel, but the official in charge under section 948k may add more. Defense lawyers may cross-examine prosecution witnesses. Civilian counsel must protect classified material and not share it with anyone not authorized to receive it.

Title 10, §949c

Armed Forces, Source: USLM XML via OLRC

(a)Trial Counsel.—

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

(b)Defense Counsel.—

(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