1998 Minnesota Statutes

     192A.21 Duties of trial counsel and defense counsel. 

    Subdivision 1.  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. 

    Subd. 2.  The accused has the right to be represented 
 before a general or special court-martial by civilian counsel if 
 provided by the accused, or by military defense counsel detailed 
 under section 192A.155.  Should the accused have civilian 
 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 associate defense counsel; 
 otherwise they shall be excused by the military judge. 

    Subd. 3.  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 that defense counsel considers appropriate. 

    Subd. 4.  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 192A.155, 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. 

    Subd. 5.  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 192A.155 perform any 
 duty imposed by law, rule, or the custom of the service upon 
 counsel for the accused. 

    HIST: 1963 c 661 s 192A.21; 1978 c 552 s 23; 1985 c 248 s 70; 
 1986 c 444