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Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 9. REVIEW OF COURTS-MARTIAL

38-2-1070. Appellate government counsel.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases provided for in Code Section 38-2-1067 and before any federal court when requested to do so by the attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of this state.#

  2. (b)

    Upon an appeal by the state, the accused shall have the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.#

  3. (c)

    Upon an appeal by an accused, the accused shall have the right to be represented by military counsel before any reviewing authority.#

  4. (d)

    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 (b) and (c) of this Code section.#

  5. (e)

    An accused may be represented by civilian appellate counsel at no expense to the state.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1070, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, pages 496 to 497; merge action: carried; file SHA-256 4eed692485f5.