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U.S. Code as of:
01/19/04
Section 870. Art. 70. Appellate counsel
(a) The Judge Advocate General shall detail in his office one or
more commissioned officers as appellate Government counsel, and one
or more commissioned officers as appellate defense counsel, who are
qualified under section 827(b)(1) of this title (article 27(b)(1)).
(b) Appellate Government counsel shall represent the United
States before the Court of Criminal Appeals or the Court of Appeals
for the Armed Forces when directed to do so by the Judge Advocate
General. Appellate Government counsel may represent the United
States before the Supreme Court in cases arising under this chapter
when requested to do so by the Attorney General.
(c) Appellate defense counsel shall represent the accused before
the Court of Criminal Appeals, the Court of Appeals for the Armed
Forces, or the Supreme Court -
(1) when requested by the accused;
(2) when the United States is represented by counsel; or
(3) when the Judge Advocate General has sent the case to the
Court of Appeals for the Armed Forces.
(d) The accused has the right to be represented before the Court
of Criminal Appeals, the Court of Appeals for the Armed Forces, or
the Supreme Court by civilian counsel if provided by him.
(e) Military appellate counsel shall also perform such other
functions in connection with the review of court martial cases as
the Judge Advocate General directs.
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