Page:United States Statutes at Large Volume 95.djvu/1114

 95 STAT. 1088

PUBLIC LAW 97-81—NOV. 20, 1981 INDIVIDUAL MILITARY COUNSEL

10 USC 832.

10 USC 838.

Reasonably available.

SEC. 4. (a) Section 832(b) (article 32(b)) is amended by striking out the second sentence and inserting in lieu thereof "The accused has the right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section.". (b) Subsection (b) of section 838 (article 38(b)) is amended to read as follows: "(b)(1) The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 832 of this title (article 32) as provided in this subsection. "(2) The accused may be represented by civilian counsel if provided by him. "(3) The accused may be represented— "(A) by military counsel detailed under section 827 of this title (article 27); or "(B) by military counsel of his own selection if that counsel is reasonably available (as determined under regulations prescribed under paragraph (7)). "(4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused. "(5) Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) shall be excused. "(6) The accused is not entitled to be represented by more than one military counsel. However, a convening authority, in his sole discretion— "(A) may detail additional military counsel as assistant defense counsel; and "(B) if the accused is represented by military counsel of his own selection under paragraph (3)(B), may approve a request from the accused that military counsel detailed under paragraph (3)(A) act as associate defense counsel. "(7) The Secretary concerned shall, by regulation, define 'reasonQjjjy available' for the purpose of paragraph (3)(B) and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available. To the maximum extent practicable, such regulations shall establish uniform policies among the armed forces while recognizing the differences in the circumstances and needs of the various armed forces. The Secretary concerned shall submit copies of regulations prescribed under this paragraph to the Committees on Armed Services of the Senate and House of Representatives.". CONSTRUCTIVE SERVICE OF COURT OF MILITARY REVIEW DECISIONS

10 USC 867.

S E C 5. Subsection (c) of section 867 (article 67(c)) is amended to read as follows: "(c) The accused may petition the Court of Military Appeals for review of a decision of a Court of Military Review within 60 days from the earlier of— "(1) the date on which the accused is notified of the decision of the Court of Military Review; or

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