(a) The senior force judge advocate shall detail one or more judge advocates as appellate government counsel, and one or more judge advocates as appellate defense counsel, who are qualified under section 124B-47.

Terms Used In Hawaii Revised Statutes 124B-112

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

    (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
    (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
    (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Senior force judge advocate: means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor. See Hawaii Revised Statutes 124B-1
(b) Appellate government counsel shall represent the State before the state intermediate appellate court or state supreme court when directed to do so by the senior force judge advocate. Appellate government counsel may represent the State before federal courts in cases arising under this chapter when requested to do so by the state attorney general.
(c) Appellate defense counsel shall represent the accused before the state intermediate appellate court or state supreme court:

(1) When requested by the accused;
(2) When the State is represented by counsel; or
(3) When the case is appealed under section 124B-107.
(d) The accused shall have the right to be represented by civilian counsel if provided by the accused at no cost to the government.
(e) Military appellate counsel shall perform other functions in connection with the review of court-martial cases as the senior force judge advocate directs.

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