(1) Upon the final review of a sentence of a general court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.

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Terms Used In Washington Code 38.38.564

  • Judge advocate: means an officer of the army or air national guard designated as a judge advocate by the judge advocate general of the army or the judge advocate general of the air force. See Washington Code 38.38.004
  • militia: shall mean the military forces provided for in the Constitution and laws of the state of Washington. See Washington Code 38.04.010
  • State judge advocate: means the commissioned judge advocate officer responsible for supervising the administration of the military justice in the organized militia. See Washington Code 38.38.004
(2) Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who is a member of the organized militia and who has the qualifications prescribed in RCW 38.38.260, if available, to represent the accused before the reviewing authority, before the staff judge advocate, and before the state judge advocate, in the review of cases specified in subsection (1) of this section.
(3) If provided by the accused, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.