§ 30-13-41 - Duties of trial counsel and defense counsel. - Rhode Island Statutes

SECTION 30-13-41

   § 30-13-41  Duties of trial counsel anddefense counsel. – (a) The trial counsel of a general or special court-martial shall prosecute inthe name of the state, and shall, under the direction of the court, prepare therecord of the proceedings.

   (b) The accused has the right to be represented in his or herdefense before a general or special court-martial by civilian counsel ifprovided by the accused, or by military counsel of his or her own selection ifreasonably available, or by the defense counsel detailed under § 30-13-29.Should the accused have counsel of his or her own selection, the defensecounsel, and assistant defense counsel, if any, who were detailed, shall, ifthe accused so desires, act as his or her associate counsel; otherwise theyshall be excused by the president of the court.

   (c) In every court-martial proceeding, the defense counselmay, in the event of conviction, forward for attachment to the record ofproceedings a brief of those matters counsel feels should be considered inbehalf of the accused on review, including any objection to the contents of therecord which he or she considers appropriate.

   (d) An assistant trial counsel of a general court-martialmay, under the direction of the trial counsel or when he or she is qualified tobe a trial counsel as required by § 30-13-29, perform any duty imposed bylaw, regulation, or the custom of the service, upon the trial counsel of thecourt. An assistant trial counsel of a special court-martial may perform anyduty of the trial counsel.

   (e) An assistant defense counsel of a general or specialcourt-martial may, under the direction of the defense counsel or when he or sheis qualified to be the defense counsel as required by § 30-13-29, performany duty imposed by law, regulation, or the custom of the service, upon counselfor the accused.