39A-5-210. Prosecutions in state name — Right to defense trial counsel.
| (1) |
The trial counsel of a military court prosecutes in the name of the state, and shall prepare the record of the proceedings under the direction of the court. |
Terms Used In Utah Code 39A-5-210
- 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.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (2) |
| (a) |
The accused has the right to be represented before a military court by civilian counsel if provided by him at no expense to the state, or by military counsel of his or her own selection if reasonably available. |
| (b) |
If the accused has retained civilian counsel, the defense counsel and any assistant defense counsel who were detailed shall act as the associate counsel to the civilian counsel if the accused desires. Otherwise, detailed counsel shall be excused by the military judge. |
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| (3) |
In a court proceeding resulting in a conviction, the defense counsel may forward for attachment to the record of proceedings a brief of matters that should be considered on behalf of the accused on review, including any objection to the contents of the record. |
| (4) |
An assistant trial counsel of a military court may, under the direction of the trial counsel, or as trial counsel when he is so qualified, perform any duty imposed by law, regulation, or the custom of the service on the trial counsel of the court. An assistant trial counsel of a military court may perform any duty of the trial counsel. |
| (5) |
An assistant defense counsel of a military court may, under the direction of the defense counsel or when he is qualified to be the defense counsel, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused. |
Renumbered and Amended by Chapter 373, 2022 General Session
