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10 U.S.C. § 950hAppellate counsel

submitted 17 years ago by Pub. L. 111-84 to r/title-10-ARMED-FORCES · 215 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires procedures for appointing appellate counsel for the United States and accused persons in military commissions. It describes counsel’s representation before the military-commission review court, the D.C. Circuit, and the Supreme Court.

(a) Appointment .— The Secretary of Defense must, by regulation, establish procedures for the appointment of appellate counsel for the United States and for the accused in military commissions under this chapter. Appellate counsel must meet the qualifications of counsel for appearing before military commissions under this chapter. (b) Representation of United States .— Appellate counsel appointed under subsection (a)— (1) must represent the United States in any appeal or review proceeding under this chapter before the United States Court of Military Commission Review; and (2) may, when requested to do so by the Attorney General in a case arising under this chapter, represent the United States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court. (c) Representation of Accused .— The accused must be represented by appellate counsel appointed under subsection (a) before the United States Court of Military Commission Review, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by the accused. Any such civilian counsel must meet the qualifications under paragraph (3) of section 949c(b) of this title for civilian counsel appearing before military commissions under this chapter and must be subject to the requirements of paragraph (7) of that section.
the actual law source: uscode.house.gov ↗public domain
(a)Appointment.—

The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel for the United States and for the accused in military commissions under this chapter. Appellate counsel shall meet the qualifications of counsel for appearing before military commissions under this chapter.

(b)Representation of United States.—

Appellate counsel appointed under subsection (a)—

(1)

shall represent the United States in any appeal or review proceeding under this chapter before the United States Court of Military Commission Review; and

(2)

may, when requested to do so by the Attorney General in a case arising under this chapter, represent the United States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court.

(c)Representation of Accused.—

The accused shall be represented by appellate counsel appointed under subsection (a) before the United States Court of Military Commission Review, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by the accused. Any such civilian counsel shall meet the qualifications under paragraph (3) of section 949c(b) of this title for civilian counsel appearing before military commissions under this chapter and shall be subject to the requirements of paragraph (7) of that section.

Source credit: (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2604.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-84 · 123 Stat. 2604

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-84 on 2009-10-28.

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