Current through Chapter 253 of the 2024 Legislative Session
Section 124B-112 - Appellate counsel(a) The senior force judge advocate shall detail one or more judge advocates as appellate government counsel, and one or more judge advocates as appellate defense counsel, who are qualified under section 124B-47.(b) Appellate government counsel shall represent the State before the state intermediate appellate court or state supreme court when directed to do so by the senior force judge advocate. Appellate government counsel may represent the State before federal courts in cases arising under this chapter when requested to do so by the state attorney general.(c) Appellate defense counsel shall represent the accused before the state intermediate appellate court or state supreme court: (1) When requested by the accused;(2) When the State is represented by counsel; or(3) When the case is appealed under section 124B-107.(d) The accused shall have the right to be represented by civilian counsel if provided by the accused at no cost to the government.(e) Military appellate counsel shall perform other functions in connection with the review of court-martial cases as the senior force judge advocate directs.Added by L 2022, c 286,§ 2, eff. 1/1/2023.