Terms Used In Wisconsin Statutes 322.038

  • 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.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Judge advocate: means a commissioned officer of the organized state military forces who is an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of another state, and is any of the following:
      (a)    Certified or designated as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps or designated as a law specialist as an officer of the coast guard, or a reserve component of one of these. See Wisconsin Statutes 322.001
  • Military judge: means an official of a general or special court-martial detailed under…. See Wisconsin Statutes 322.001
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Record: when used in connection with the proceedings of a court-martial, means any of the following:
    •       (a)    An official written transcript, written summary, or other writing relating to the proceedings. See Wisconsin Statutes 322.001
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
  • This code: means this chapter. See Wisconsin Statutes 322.001
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    •    (1)    The trial counsel of a general or special court-martial shall be an attorney licensed to practice in this state and shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.
       (2)   
          (a)    The accused has the right to be represented in defense before a general or special court-martial or at an investigation under s. 322.032.
          (b)    The accused may be represented by civilian counsel at the provision and expense of the accused.
          (c)    The accused may be represented by any of the following:
             1.    Military counsel detailed under s. 322.027.
             2.    Military counsel of the accused’s own selection if that counsel is reasonably available as determined under par. (g).
          (d)    If the accused is represented by civilian counsel, military counsel detailed or selected under par. (c) shall act as associate counsel unless excused by the military judge at the request of the accused.
          (e)    Except as provided under par. (f), if the accused is represented by military counsel of his or her own selection under par. (c) 2., any military counsel detailed under par. (c) 1. shall be excused.
          (f)    The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under s. 322.027 to detail counsel, in that person’s sole discretion may do any of the following:
             1.    Detail additional military counsel as assistant defense counsel.
             2.    If the accused is represented by military counsel of the accused’s own selection under par. (c) 2., approve a request from the accused that military counsel detailed under par. (c) 1. act as associate defense counsel.
          (g)    The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available.
       (3)   In any court-martial proceeding resulting in a conviction, the defense counsel may do any of the following:
          (a)    Forward for attachment to the record of proceedings a brief of 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.
          (b)    Assist the accused in the submission of any matter under s. 322.060.
          (c)    Take other action authorized by this code.

      Previous section
    Next section  
     Subchapter VII Contents