32 C.F.R. § 153 app B to Part 153

Current through November 30, 2024
Appendix B to Part 153 - Acknowledgment of Limited Legal Representation (Sample)

1. I, ____________, have been named as a suspect or defendant in a matter to which I have been advised is subject to the jurisdiction of the Military Extraterritorial Jurisdiction Act of 2000 (section 3261, et seq., of title 18, United States Code.); hereinafter referred to as "the Act"). I have also been informed that certain initial proceedings under 18 U.S.C. 3265 may be required under this Act, for which I am entitled to be represented by legal counsel.

2. I acknowledge and understand that the appointment of military counsel for the limited purpose of legal representation in proceedings conducted pursuant to the Act is dependent upon my being unable to retain civilian defense counsel representation for such proceedings, due to my indigent status, and that qualified military defense counsel has been made available.

3. Pursuant to the Act, ____________, a Federal Magistrate Judge, has issued the attached Order and has directed that that military counsel be made available:

____ For the limited purpose of representing me at an initial proceeding to be conducted outside the United States pursuant to 18 U.S.C. 3265 ,

____ For the limited purpose of representing me in an initial detention hearing to be conducted outside the United States pursuant to 18 U.S.C. 3265(b) ,

4. ____________, military counsel, has been made available in accordance with Department of Defense Instruction 5525.bb, and as directed by the attached Order of a Federal Magistrate Judge.

5. I (do) (do not) wish to be represented by ____________, military counsel ____ (initials).

6. I understand that the legal representation of ____________, military counsel, is limited to:

a. Representation at the initial proceedings conducted outside the United States pursuant to 18 U.S.C. 3265 .

____ (Initials)

b. The initial detention hearing to be conducted outside the United States pursuant to the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261 , et seq.).

____ (Initials)

c. Other proceedings (Specify):

____________. ____ (Initials)

_______________________________

Signature of Person To Be Represented By Military Counsel

_______________________________

Signature of Witness*

Attachment:

Federal Magistrate Judge Order

(NOTE: The witness must be a person other than the defense counsel to be made available for this limited legal representation.)

32 C.F.R. 153 app B to Part 153