10 U.S.C. § 950h: Appellate counsel

Summary

The Secretary of Defense must make rules for picking appellate lawyers for both the government and accused people in military commission cases. Those lawyers must meet the qualifications needed to appear before military commissions. Appellate counsel must represent the United States in appeals to the United States Court of Military Commission Review and, if the Attorney General asks, at the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court. The accused will be represented by those appellate lawyers in those courts and may hire civilian lawyers who must meet paragraph (3) and follow paragraph (7) of section 949c(b).

Title 10, §950h

Armed Forces, Source: USLM XML via OLRC

(a)Appointment.—

The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel for the United States and for the accused in military commissions under this chapter. Appellate counsel shall meet the qualifications of counsel for appearing before military commissions under this chapter.

(b)Representation of United States.—

Appellate counsel appointed under subsection (a)—

(1)shall represent the United States in any appeal or review proceeding under this chapter before the United States Court of Military Commission Review; and

(2)may, when requested to do so by the Attorney General in a case arising under this chapter, represent the United States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court.

(c)Representation of Accused.—

The accused shall be represented by appellate counsel appointed under subsection (a) before the United States Court of Military Commission Review, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by the accused. Any such civilian counsel shall meet the qualifications under paragraph (3) of section 949c(b) of this title for civilian counsel appearing before military commissions under this chapter and shall be subject to the requirements of paragraph (7) of that section.

Editorial Notes

Prior Provisions

A prior section 950h, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2622, related to appellate counsel, prior to the general amendment of this chapter by Pub. L. 111–84.

§950h Appellate Counsel

Summary

Title 10, §950h

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata