2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1126 - DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL.


ID Code § 46-1126 (2012) What's This?

46-1126. Duties of trial counsel and defense counsel. (1) The trial counsel of a court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.

(2) The accused has the right to be represented in his defense before a court-martial by civilian counsel if provided by him at his own expense or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under section 46-1115, Idaho Code. Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his associate counsel; otherwise they shall be excused.


History:

[(46-1126), added 1975, ch. 147, sec. 4, p. 339; am. 1984, ch. 92, sec. 25, p. 204; am. & redesig. 1998, ch. 176, sec. 25, p. 640.]

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