2019 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 5 - Code of Military Justice
Part 7 - Trial Procedures
§ 38-2-1038. Trial counsel

• (a) The trial counsel of a general or special court-martial shall be a member in good standing of the State Bar of Georgia and shall prosecute in the name of this state and shall, under the direction of the court, prepare the record of the proceedings.

• (b)

  • (1) The accused shall have the right to be represented in defense before a general or special court-martial or at an investigation under Code Section 38-2-1032 as provided for in this subsection.

  • (2) The accused may be represented by civilian counsel at the provision and expense of the accused.

  • (3) Except as otherwise provided in this Code section, the accused shall be represented by:

    • (A) Military counsel as provided for under Code Section 38-2-1027; or

    • (B) Military counsel of the accused's own selection if such counsel is reasonably available as determined under paragraph (7) of this subsection.

  • (4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) of this subsection shall act as associate counsel if requested in writing by the accused; provided, however, that if no such request in writing is made, military counsel detailed under paragraph (3) of this subsection shall be excused.

  • (5) Except as provided under paragraph (6) of this subsection, if the accused is represented by military counsel of his or her own selection under subparagraph (B) of paragraph (3) of this subsection, any military counsel detailed under subparagraph (A) of paragraph (3) of this subsection shall be excused.

  • (6) The accused shall not be entitled to be represented by more than one military counsel; provided, however, that the person authorized under regulations prescribed under Code Section 38-2-1027 to detail counsel, in such person's sole discretion:

    • (A) May 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 subparagraph (B) of paragraph (3) of this subsection, may approve a request from the accused that military counsel detailed under subparagraph (A) of paragraph (3) of this subsection act as associate defense counsel.

  • (7) The staff judge advocate of the same force of the accused shall determine whether the military counsel selected by an accused is reasonably available.

• (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 in behalf of the accused on review, including any objection to the contents of the record which such counsel considers appropriate;

  • (2) Assist the accused in the submission of any matter under Code Section 38-2-1060; and

  • (3) Take other action as authorized by this article.

Code 1981, § 38-2-1038, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2016, p. 864, § 38/HB 737.