Illinois Compiled Statutes 20 ILCS 1807/38 – Article 38. Duties of trial counsel and defense counsel
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(a) The trial counsel of a general or special court-martial shall be a member in good standing of the State bar and shall prosecute in the name of the State of Illinois, and shall, under the direction of the court, prepare the record of the proceedings.
(b)(1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under Article 32 of this Code as provided in this subsection.
(2) The accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented:
(A) by military counsel detailed under Article 27 of
(b)(1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under Article 32 of this Code as provided in this subsection.
Terms Used In Illinois Compiled Statutes 20 ILCS 1807/38
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Conviction: A judgement of guilt against a criminal defendant.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented:
(A) by military counsel detailed under Article 27 of
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this Code; or
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(B) by military counsel of the accused’s own
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selection if that counsel is reasonably available as determined under paragraph (7).
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(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 subparagraph (B) of paragraph (3), any military counsel detailed under subparagraph (A) of paragraph (3) shall be excused.
(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under Article 27 of this Code to detail counsel, in that person’s sole discretion:
(A) may detail additional military counsel as
(5) Except as provided under paragraph (6), if the accused is represented by military counsel of his own selection under subparagraph (B) of paragraph (3), any military counsel detailed under subparagraph (A) of paragraph (3) shall be excused.
(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under Article 27 of this Code to detail counsel, in that person’s sole discretion:
(A) may detail additional military counsel as
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assistant defense counsel; and
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(B) if the accused is represented by military
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counsel of the accused’s own selection under subparagraph (B) of paragraph (3), may approve a request from the accused that military counsel detailed under subparagraph (A) of paragraph (3) act as associate defense counsel.
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(7) The senior State Judge Advocate of the same state of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.
(c) In any court-martial proceeding resulting in a conviction, the defense counsel:
(1) may forward for attachment to the record of
(c) In any court-martial proceeding resulting in a conviction, the defense counsel:
(1) may forward for attachment to the record of
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proceedings a brief of such matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate;
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(2) may assist the accused in the submission of any
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matter under Article 60 of this Code; and
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(3) may take other action authorized by this Code.