10-U.S.C.-949C
§949C – Duties of Trial Counsel and Defense Counsel
Pathway
Title 10 > Subtitle A > Part II > Chapter 47A > Subchapter IV > Section 949c
Details
- Reference: Section 949c
- Legend: §949C – Duties of Trial Counsel and Defense Counsel
- USCode Year: 2013
Provision Content
(a) Trial Counsel.—The trial counsel of a military commission under this chapter shall prosecute in the name of the United States.
(b) Defense Counsel.—(1) The accused shall be represented in the accuseds defense before a military commission under this chapter as provided in this subsection.
(2) The accused may be represented by military counsel detailed under section 948k of this title or by military counsel of the accuseds own selection, if reasonably available.
(3) The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel—
(A) is a United States citizen;
(B) is admitted to the practice of law in a State, district, or possession of the United States, or before a Federal court;
(C) has not been the subject of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct;
(D) has been determined to be eligible for access to information classified at the level Secret or higher; and
(E) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of court for conduct during the proceedings.
(4) If the accused is represented by civilian counsel, military counsel shall act as associate counsel.
(5) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 948k of this title to detail counsel, in such persons sole discretion, may detail additional military counsel to represent the accused.
(6) Defense counsel may cross-examine each witness for the prosecution who testifies before a military commission under this chapter.
(7) Civilian defense counsel shall protect any classified information received during the course of representation of the accused in accordance with all applicable law governing the protection of classified information, and may not divulge such information to any person not authorized to receive it.
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2585.)
Prior Provisions
A prior section 949c, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2610, related to duties of trial counsel and defense counsel, prior to the general amendment of this chapter by Pub. L. 111–84.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-949A in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-949A, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
Title 10 – Armed Forces in the Legal Encyclopedia: Military Commissions
In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to military commissions in the American Encyclopedia of Law, presenting a comprehensive view of the United States military commissions-specific issues, written by authorities in the field.
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