§ 838. Duties of trial counsel and defense counsel
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019
Effective: October 1, 2019
44 Okl.St.Ann. § 838
§ 838. Duties of trial counsel and defense counsel
ARTICLE 38. Duties of trial counsel and defense counsel.
7. The Adjutant General shall, by regulation, define “reasonably available” for the purpose of subparagraph b of paragraph 3 of this subsection, and establish procedures for determining whether the military counsel selected by an accused under that paragraph is reasonably available. Such regulations may not prescribe any limitation based on the reasonable availability of counsel solely on the grounds that the counsel selected by the accused is from a force component other than the one of which the accused is a member. To the maximum extent practicable, such regulations shall establish uniform policies between the force components of the state military forces while recognizing the differences in the circumstances and needs of both force components.
D. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by Section 827 of this title (Article 27), perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
Credits
Laws 2019, c. 408, § 45, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 838, OK ST T. 44 § 838
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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