Oklahoma § 44-870 - Appellate counsel

§ 44-870. Appellate counsel

ARTICLE 70. Appellate counsel.

Oklahoma Statutes - Title 44. Militia

A. The State Judge Advocate shall detail in his or her office

one or more commissioned officers as appellate government counsel,

and one or more commissioned officers as appellate defense counsel,

who are qualified under paragraph 1 of subsection B of Section 827

of this title (Article 27, subsection B, paragraph 1).

B. Appellate government counsel shall represent the State of

Oklahoma before the Military Court of Appeals or the Court of

Criminal Appeals when directed to do so by the State Judge Advocate.

C. Appellate defense counsel shall represent the accused before

the Military Court of Appeals, or the Court of Criminal Appeals:

1. When requested by the accused;

2. When the State of Oklahoma is represented by counsel; or

3. When the State Judge Advocate has sent the case to the

Military Court of Appeals.

D. The accused has the right to be represented before the

Military Court of Appeals, or the Court of Criminal Appeals by

civilian counsel if provided by him or her.

E. Military appellate counsel shall also perform such other

functions in connection with the review of court-martial cases as

the State Judge Advocate directs.

F. As provided in regulations promulgated by the Adjutant

General, if needed, the State Judge Advocate may employ civilian

appellate counsel for the government and for the defense.

Added by Laws 2019, c. 408, § 86, eff. Oct. 1, 2019.