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29B.39 - DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL.

        29B.39  DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL.

         The trial counsel of a general or special court-martial shall
      prosecute in the name of the state, and shall, under the direction of
      the court, prepare the record of the proceedings.
         The accused has the right to be represented in the accused's
      defense before a general or special court-martial by civilian counsel
      if provided at the expense of the accused, or by military counsel
      selected by the accused if reasonably available, or by the defense
      counsel detailed under section 29B.28.  If the accused selects
      defense counsel, the defense counsel, and assistant defense counsel,
      if any, who were detailed, shall, if the accused so desires, act as
      associate counsel for the accused; otherwise they shall be excused by
      the military judge or by the president of the court-martial if there
      is no military judge.
         In every court-martial proceeding, the defense counsel may, in the
      event of conviction, forward for attachment to the record of
      proceedings a brief of such matters the defense counsel feels should
      be considered in behalf of the accused on review, including any
      objection to the contents of the record which the defense counsel
      considers appropriate.
         An assistant trial counsel of a general court-martial may, under
      the direction of the trial counsel or when the assistant is qualified
      to be a trial counsel as required by section 29B.28, perform any duty
      imposed by law, regulation, or the custom of the service upon the
      trial counsel of the court.  An assistant trial counsel of a special
      court-martial may perform any duty of the trial counsel.
         An assistant defense counsel of a general or special court-martial
      may, under the direction of the defense counsel or when the assistant
      is qualified to be the defense counsel as required by section 29B.28,
      perform any duty imposed by law, regulation, or the custom of the
      service upon counsel for the accused.  

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 29B.39; 82 Acts, ch 1042, § 22]