Duties of Trial Counsel and Defense Counsel

(a)The trial counsel of a general, special, or summary court-martial shall prosecute in the name of Guam, and shall, under the direction of the court, prepare the record of the proceedings.

(b)[No text]

(1)The accused has the right to be represented in his defense before a general, special, or summary court-martial or at an investigation under § 63719.2 as provided in this subsection.

(2)The accused may be represented by civilian counsel if provided by him.

(3)The accused may be represented: CH. 63 GUAM NATIONAL GUARD

(A)by military counsel detailed under § 63718; or

(B)by civilian attorney provided under § 63718; or

(C)by military counsel of his own selection if that counsel is reasonably available as determined by the Guam Judge Advocate General.

(4)If the accused is represented by civilian counsel, other than provided by § 63718 and § 63720.2(b)(3)(B) military counsel detailed or selected under item

(3)shall act as associate counsel unless excused at the request of the accused. If military counsel cannot be detailed and a civilian counsel is provided under § 63718, such counsel shall be excused if accused retains his own civilian counsel.

(5)Except as otherwise provided under § 63720.2(b)(3) if the accused is represented by military counsel of his own selection under subitem

(C)of § 63720.2(b)(3), any military counsel detailed under subitem

(A)of this § 63720.2(b)(3) shall be excused.

(6)The accused is not entitled to be represented by more than one counsel provided by Guam. However, the person authorized under regulations prescribed under § 63718 of this Code to detail counsel in his sole discretion:

(A)may detail additional military counsel as assistant defense counsel; and

(B)if the accused is represented by military counsel of his own selection under subitem

(C)of § 63720.2(b)(3) may approve a request from the accused that military counsel detailed under subitem

(A)of § 63720.2(b)(3) act as associate defense counsel.

(7)The Guam Judge Advocate General shall define “reasonably available” for the purpose of subitem

(C)of § 63720.2(b)(3) and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available.

(c)In any court-martial proceeding resulting in a conviction, the defense counsel:

(1)may forward for attachment to the record of proceedings a brief of such matters as he determines should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate; and

(2)may assist the accused in the submission of any matter under § 63722.1.

(d)An assistant trial counsel of a general, special or summary court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by § 63718 of this Code, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court.

(e)An assistant defense counsel of a general, special or summary court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by § 63718 of this Code, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.