Page 354 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10057

appellate defense counsel under Article 70( c)( 1 ).
(3) In any case reviewed by a Court of Criminal Appeals under this subsection, the Court
may take action only with respect to matters of law.

Rule 1202. Appellate counsel
(a) In general. The Judge Advocate General concerned shall detail one or more commissioned
officers as appellate Government counsel and one or more commissioned officers as appellate
defense counsel who are qualified under Article 27(b)(l).
(b) Duties.
(I) Appellate Government counsel. Appellate Government counsel shall represent the United
States before the Court of Criminal Appeals or the United States Court of Appeals for the Armed
Forces when directed to do so by the Judge Advocate General concerned. Appellate Government
counsel may represent the United States before the United States Supreme Court when requested
to do so by the Attorney General.
(2) Appellate defense counsel.
(A) Tn every general and special court-martial eligible for review by a Court of Criminal
Appeals under Article 66(b )(1 ), an appellate defense counsel shall be detailed to review the
case, unless the accused has waived the right to appeal under Article 61 or submits a written
statement declining representation. Upon request, the detailed appellate defense counsel shall
represent the accused in accordance with subparagraph (B).
(B) Appellate defense counsel shall represent the accused before the Court of Criminal
Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court when the accused
is a party in the case before such court and:
(i) The accused requests to be represented by appellate defense counsel;
(ii) The United States is represented by counsel; or
(iii) The Judge Advocate General has sent the case to the United States Court of
Appeals for the Anned Forces. Appellate defense counsel is authorized to communicate directly
with the accused. The accused is a party in the case when named as a party in pleadings before
the court or, even if not so named, when the military judge is named as respondent in a petition
by the Government for extraordinary relief from a ruling in favor of the accused at trial.
(c) Counsel in capital cases. To the greatest extent practicable, in any case in which the death
penalty is adjudged, at least one appellate defense counsel shall, as determined by the Judge
Advocate General, be learned in the law applicable to capital cases. Such counsel may, if
necessary, be a civilian, and, if so, may be compensated in accordance with regulations
prescribed by the Secretary of Defense.

Rule 1203. Review by a Court of Criminal Appeals
(a) In general. Each Judge Advocate General shall establish a Court of Criminal Appeals
composed of appellate military judges who shall serve for a tour of not less than three years,
subject to such provision for reassignment as may be prescribed in regulations issued by the
Secretary concerned.
(b) Cases reviewed by a Court of Criminal Appeals-Automatic Review. A Court of Criminal
Appeals shall review cases forwarded to it by the Judge Advocate General under Article
65(b)(l).
(c) Case,.-.,· eligihlefor review hy a Court <?[Criminal Appeals-Appeal hy the accused. A Court
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00171 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.173</GPH>
of Criminal Appeals shall review a timely appeal from the judgment of the court-martial in

152