2006 New York Code - Duties Of Trial Counsel And Defense Counsel.



 
    § 130.38. 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 shall have the right to be represented in his  defense
  before  a  general  or  special  court-martial  by  civilian  counsel if
  provided by him,  or  by  military  counsel  of  his  own  selection  if
  reasonably  available, or by the defense counsel duly appointed pursuant
  to section 130.27. Should the accused have counsel of his own selection,
  the duly appointed defense counsel, and assistant  defense  counsel,  if
  any,  shall,  if  the  accused so desires, act as his associate counsel;
  otherwise they shall  be  excused  by  the  military  judge  or  by  the
  president of a court-martial without a military judge.
    (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 as he feels should be considered in behalf of
  the accused on review, including any objection to the  contents  of  the
  record which he may deem appropriate.
    (d)  An  assistant trial counsel of a general court-martial may, under
  the direction of the trial counsel or when he is qualified to be a trial
  counsel as required by section 130.27, perform any duty imposed by  law,
  regulation,  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 he is  qualified
  to  be  the  defense  counsel as required by section 130.27, perform any
  duty imposed by law, regulation, or  the  custom  of  the  service  upon
  counsel for the accused.

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