2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47A - MILITARY COMMISSIONS (§§ 948a - 950t)
Subchapter II - COMPOSITION OF MILITARY COMMISSIONS (§§ 948h - 948m)
Section 948k - Detail of trial counsel and defense counsel
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47A - MILITARY COMMISSIONS SUBCHAPTER II - COMPOSITION OF MILITARY COMMISSIONS Sec. 948k - Detail of trial counsel and defense counsel |
Contains | section 948k |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 111-84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2577. |
Statutes at Large References | 120 Stat. 2604 123 Stat. 2577 |
Public Law References | Public Law 109-366, Public Law 111-84 |
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(a)
(2) Assistant trial counsel and assistant and associate defense counsel may be detailed for a military commission under this chapter.
(3) Military defense counsel for a military commission under this chapter shall be detailed as soon as practicable.
(4) The Secretary of Defense shall prescribe regulations providing for the manner in which trial counsel and military defense counsel are detailed for military commissions under this chapter and for the persons who are authorized to detail such counsel for such military commissions.
(b)
(1) a judge advocate (as that term is defined in section 801 of this title (article 1 of the Uniform Code of Military Justice)) who is—
(A) a graduate of an accredited law school or a member of the bar of a Federal court or of the highest court of a State; and
(B) certified as competent to perform duties as trial counsel before general courts-martial by the Judge Advocate General of the armed force of which such judge advocate is a member; or
(2) a civilian who is—
(A) a member of the bar of a Federal court or of the highest court of a State; and
(B) otherwise qualified to practice before the military commission pursuant to regulations prescribed by the Secretary of Defense.
(c)
(A) a graduate of an accredited law school or a member of the bar of a Federal court or of the highest court of a State; and
(B) certified as competent to perform duties as defense counsel before general courts-martial by the Judge Advocate General of the armed force of which such judge advocate is a member.
(2) The Secretary of Defense shall prescribe regulations for the appointment and performance of defense counsel in capital cases under this chapter.
(d)
(2) The Chief Defense Counsel in a military commission under this chapter shall meet the requirements set forth in subsection (c)(1).
(e)
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2577.)
Prior ProvisionsA prior section 948k, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2604, related to detail of trial counsel and defense counsel, prior to the general amendment of this chapter by Pub. L. 111–84.
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