Kentucky Statutes 35.334 – Appellate counsel
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(1) The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in KRS § 35.333 and before any federal court when requested to do so by the state Attorney General. Appellate government counsel must be a member in good standing of the bar of the highest court of the state to which the appeal is taken.
(2) Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
(3) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(4) Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (2) and (3) of this section.
(5) An accused may be represented by civilian appellate counsel at no expense to the state.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 32, sec. 72, effective June 25, 2013.
(2) Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
Terms Used In Kentucky Statutes 35.334
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- 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:
(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one (1) of these. See Kentucky Statutes 35.010 - Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(4) Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (2) and (3) of this section.
(5) An accused may be represented by civilian appellate counsel at no expense to the state.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 32, sec. 72, effective June 25, 2013.