2016 Hawaii Revised Statutes
TITLE 10. PUBLIC SAFETY AND INTERNAL SECURITY
124A. Hawaii Code of Military Justice
124A-63 Duties of trial counsel and defense counsel.
[§124A-63] Duties of trial counsel and defense counsel. (a) 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.
(b) 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 by the accused, or by military counsel of the accused's own selection if reasonably available, or by the defense counsel detailed under section 124A-46. Should the accused have counsel of the accused's own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as the accused's associate counsel; otherwise they shall be excused by the president of the court.
(c) 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.
(d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when the assistant trial counsel is qualified to be a trial counsel as required by section 124A-46, perform any duty imposed by law, rule, 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.
(e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when the assistant defense counsel is qualified to be the defense counsel as required by section 124A-46, perform any duty imposed by law, rule, or the custom of the service upon counsel for the accused. [L 1982, c 171, pt of §2; gen ch 1985]
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