40.128. Trial counsel, duties--defense counsel, duties--accused's right to provide civilian counsel or choose military--assistant counsels, duties.

MISSOURI STATUTES AND CODES

40.128. Trial counsel, duties--defense counsel, duties--accused's right to provide civilian counsel or choose military--assistant counsels, duties.

Trial counsel, duties--defense counsel, duties--accused's right toprovide civilian counsel or choose military--assistant counsels,duties.

40.128. 1. The trial counsel of a general or specialcourt-martial shall prosecute in the name of the state ofMissouri and shall, under the direction of the court, prepare therecord of the proceedings.

2. The accused has the right to be represented in hisdefense before a general or special court-martial by civiliancounsel if provided by the accused, or by military counsel of hisown selection if reasonably available, or by the defense counseldetailed under section 40.098. Should the accused have counselof his own selection, the defense counsel, and assistant defensecounsel, if any, who were detailed, shall, if the accused sodesires, act as the accused's associate counsel; otherwise theyshall be excused by the military judge.

3. In every court-martial proceeding, the defense counselmay, in the event of conviction, forward for attachment to therecord of proceedings a brief of such matters the defense counselfeels should be considered in behalf of the accused on review,including any objection to the contents of the record which heconsiders appropriate.

4. An assistant trial counsel of a general court-martialmay, under the direction of the trial counsel or when he isqualified to be a trial counsel as required by section 40.098,perform any duty imposed by law, regulation, or the custom of theservice upon the trial counsel of the court. An assistant trialcounsel of a special court-martial may perform any duty of thetrial counsel.

5. An assistant defense counsel of a general or specialcourt-martial may, under the direction of the defense counsel orwhen he is qualified to be the defense counsel as required bysection 40.098, perform any duty imposed by law, regulation, orthe custom of the service upon counsel for the accused.