Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart G - TRIAL PROCEDURES
Section 400.805 - Duties of Trial Counsel and Defense Counsel
Universal Citation: 95 IL Admin Code ยง 400.805
Current through Register Vol. 48, No. 12, March 22, 2024
a) Trial Counsel. The trial counsel of a general or special court-martial shall be a member in good standing of the State bar and shall prosecute in the name of the State of Illinois, and shall, under the direction of the court, prepare the record of the proceedings.
b) Counsel for the Accused
1)
The accused has
the right to be represented in defense before a general or special
court-martial or at an investigation under Code Section 32 as provided in this
subsection (b).
2)
The accused may be represented by civilian counsel at the provision and
expense of the accused.
3)
The accused may be represented by:
A)
military counsel detailed under
Code Section 27; or
B)
military counsel of the accused's own selection if that counsel is
reasonably available as determined under subsection (b)(9).
4)
If the accused is
represented by civilian counsel, military counsel detailed or selected under
subsection (b)(3) shall act as associate counsel unless excused at the request
of the accused.
5)
Except as provided under subsection (b)(6), if the accused is
represented by military counsel of his or her own selection under
subsection (b)(3)(B), any military counsel detailed under subsection
(b)(3)(A) shall be excused.
6)
The accused is not entitled to be
represented by more than one military counsel. However, the convening
authority, in his or her sole discretion, may:
A)
detail additional military counsel
as assistant defense counsel; and
B)
if the accused is represented by
military counsel of the accused's own selection under subsection (b)(3)(B),
approve a request from the accused that military counsel detailed under
subsection (b)(3)(A) act as associate defense counsel. (Code Section
38(b)(1) through (6))
7)
Under the supervision of the defense counsel, an assistant defense counsel may
perform any act or duty that a defense counsel may perform under the Code or
this Manual.
8) Defense counsel may
be excused only with the express consent of the accused or by the military
judge upon application for withdrawal by the defense counsel for good cause
shown, unless defense counsel faces immediate ethical or moral dilemma in
ongoing representation.
9)
The seniorjudge advocate of the same force
of which the accused is a member shall determine whether the military
counsel selected by an accused is reasonably available. (Code Section
38(b)(7))
c) In any court-martial proceeding resulting in a conviction, the defense counsel may:
1)
forward for
attachment to the record of proceedings a brief of such matters as counsel
determines should be considered on behalf of the accused on review, including
any objection to the contents of the record that counsel considers
appropriate;
2)
assist the accused in the submission of any matter under Code
Section 60; and
3)
take other action authorized
bytheCode. (Code Section
38(c))
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