48-2703. (KCMJ Art. 38) Duties of trial counsel and defense counsel.
48-2703
48-2703. (KCMJ Art. 38) Duties of trial counsel and defense counsel.(a) The trial counsel of a general or special court-martial shall prosecute in thename of the state and shall, under the direction of the court, prepare therecord of the proceedings.
(b) The accused has the right to be represented in theaccused's defensebefore a general or special court-martial by civilian counsel ifprovided by the accused, by military counsel of the accused's ownselection if reasonably availableor by the defense counsel detailed under K.S.A. 48-2505 and amendmentsthereto. Should the accused havecounsel of the accused's own selection, the defensecounsel and assistant defensecounsel, if any, who were detailed shall, if the accused so desires, actas the accused's associate counsel; otherwise they shall be excused by themilitary judge.
(c) In every court-martial proceeding, the defense counsel may, in theevent of conviction, forward for attachment to the record of proceedings abrief of such matters the defense counsel feels should be considered inbehalf of the accused on review, including any objection to the contents of the recordwhich the defense counsel considers appropriate.
(d) An assistant trial counsel of a general court-martial may, under thedirection of the trial counsel or when such assistant trialcounsel is qualified to be a trialcounsel as required by K.S.A. 48-2505 and amendments thereto, performany duty imposed by law,regulation or the custom of the service upon the trial counsel of thecourt.
(e) An assistant defense counsel of a general court-martial may, underthe direction of the defense counsel or when such assistantdefense counsel is qualified to be thedefense counsel as required by K.S.A. 48-2505 and amendments thereto,perform any duty imposed bylaw, regulation or the custom of the service upon counsel for the accused.
History: L. 1972, ch. 203, § 48-2703;L. 1988, ch. 191, § 24; July 1.