48-2925. (KCMJ Art. 70) Appellate counsel. - Kansas Statutes

48-2925

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 29.--CODE OF MILITARY JUSTICE; REVIEW OF COURTS-MARTIAL

      48-2925.   (KCMJ Art. 70) Appellate counsel.(a) The judge advocate general shall detail in the judgeadvocate general's office one or more commissioned officers as appellategovernment counsel, and one or more commissioned officers as appellatedefense counsel, who are qualified under subsection (b)(2) of K.S.A.48-2905.

      (b)   Appellate government counsel shall represent the state of Kansasbefore the court of military review or the Kansas court of appeals whendirectedto do so by the judge advocate general. Appellate government counsel mayrepresent the state before the Kansas supreme court in cases arising under thischapter when requested to do so by the attorney general.

      (c)   Appellate defense counsel shall represent the accused before thecourt of military review, the Kansas court of appeals or the Kansas supremecourt:

      (1)   When requested by the accused; or

      (2)   when the state is represented by counsel.

      (d)   The accused has the right to be represented before the court ofmilitary review, the Kansas court of appeals, or the Kansas supreme court by civiliancounsel if provided by the accused and at the accused's own expense.

      (e)   Military appellate counsel shall also perform such other functionsin connection with the review of court-martial cases as the judge advocate directs.

      History:   L. 1988, ch. 191, § 47; July 1.