
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC870]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
    SUBCHAPTER IX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
 
Sec. 870. Art. 70. Appellate counsel

    (a) The Judge Advocate General shall detail in his office one or 
more commissioned officers as appellate Government counsel, and one or 
more commissioned officers as appellate defense counsel, who are 
qualified under section 827(b)(1) of this title (article 27(b)(1)).
    (b) Appellate Government counsel shall represent the United States 
before the Court of Criminal Appeals or the Court of Appeals for the 
Armed Forces when directed to do so by the Judge Advocate General. 
Appellate Government counsel may represent the United States before the 
Supreme Court in cases arising under this chapter when requested to do 
so by the Attorney General.
    (c) 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--
        (1) when requested by the accused;
        (2) when the United States is represented by counsel; or
        (3) when the Judge Advocate General has sent the case to the 
    Court of Appeals for the Armed Forces.

    (d) The accused has the right to be represented before the Court of 
Criminal Appeals, the Court of Appeals for the Armed Forces, or the 
Supreme Court by civilian counsel if provided by him.
    (e) Military appellate counsel shall also perform such other 
functions in connection with the review of court martial cases as the 
Judge Advocate General directs.

(Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90-632, Sec. 2(31), Oct. 
24, 1968, 82 Stat. 1342; Pub. L. 98-209, Sec. 10(c)(3), Dec. 6, 1983, 97 
Stat. 1406; Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), (2), Oct. 
5, 1994, 108 Stat. 2831.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
870(a)................................  50:657(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
870(b)................................  50:657(b).                            7
0), 64 Stat. 130.
870(c)................................  50:657(c).
870(d)................................  50:657(d).
870(e)................................  50:657(e).
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---------------------------------

    In subsection (a), the word ``detail'' is substituted for the word 
``appoint'', since the filling of the position involved is not 
appointment to an office in the constitutional sense. The word 
``commissioned'' is inserted for clarity. The word ``are'' is 
substituted for the words ``shall be''. The words ``the provisions of'' 
are omitted as surplusage.
    In subsections (b) and (c), the word ``shall'' is substituted for 
the words ``It shall be the duty of * * * to''.
    In subsection (c)(3), the word ``sent'' is substituted for the word 
``transmitted''.
    In subsection (d), the word ``has'' is substituted for the words 
``shall have''.
    In subsection (e), the word ``directs'' is substituted for the words 
``shall direct''.


                               Amendments

    1994--Subsecs. (b) to (d). Pub. L. 103-337 substituted ``Court of 
Criminal Appeals'' for ``Court of Military Review'' and ``Court of 
Appeals for the Armed Forces'' for ``Court of Military Appeals'' 
wherever appearing.
    1983--Subsec. (b). Pub. L. 98-209, Sec. 10(c)(3)(A), inserted 
provision that Appellate Government counsel may represent the United 
States before the Supreme Court in cases arising under this chapter when 
requested to do so by the Attorney General.
    Subsecs. (c), (d). Pub. L. 98-209, Sec. 10(c)(3)(B), amended 
subsecs. (c) and (d) generally, inserting references to the Supreme 
Court.
    1968--Subsecs. (b) to (d). Pub. L. 90-632 substituted ``Court of 
Military Review'' for ``board of review'' wherever appearing.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98-
209, set out as a note under section 801 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.
