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Title 10 — Armed ForcesRelease 119-73not60

§950h Appellate Counsel

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47A— MILITARY COMMISSIONS › Subchapter VII— POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS › § 950h

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Defense must make rules for picking appellate lawyers for both the government and people accused in military commission cases. Those lawyers must meet the same qualifications needed to appear before military commissions. Government appellate lawyers must handle appeals at the United States Court of Military Commission Review. If the Attorney General asks, they can also represent the United States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court. Accused people get appellate lawyers for those courts and may hire civilian lawyers. Civilian lawyers must meet the qualifications in paragraph (3) of section 949c(b) and follow the rules in paragraph (7) of that section.

Full Legal Text

Title 10, §950h

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 950h

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60