Statutes > Kentucky Statutes > CHAPTER 35 MILITARY JUSTICE > 35.190 Duties of trial counsel and defense counsel -- Assistants.

35.190 Duties of trial counsel and defense counsel -- Assistants.

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35.190 Duties of trial counsel and defense counsel -- Assistants. (1) 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 <br>proceedings. (2) The accused shall have the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him, or by military counsel <br>of his own selection if reasonably available, or by the defense counsel duly <br>appointed pursuant to KRS 35.130. If the accused has counsel of his own selection <br>the duly appointed defense counsel, and assistant defense counsel, if any, shall, if <br>the accused so desires, act as his associate counsel; otherwise they shall be excused <br>by the military judge. (3) 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 <br>matters as he feels should be considered in behalf of the accused on review, <br>including any objection to the contents of the record which he may deem <br>appropriate. (4) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel, or when he is qualified to be a trial counsel as required by KRS <br>35.130, perform any duty imposed by law, regulation, or the custom of the service <br>upon the trial counsel of the court. An assistant trial counsel of a special court-<br>martial may perform any duty of the trial counsel. (5) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel, or when he is qualified to be the defense counsel as <br>required by KRS 35.130, perform any duty which, by law, regulation, or the custom <br>of the service, is placed upon counsel for the accused. History: Amended 1970 Ky. Acts ch. 56, sec. 24. -- Created 1954 Ky. Acts ch. 99, sec. 37, effective July 1, 1954.