{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-838","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-838","heading":"Duties of trial counsel and defense counsel","body":"ARTICLE 38. Duties of trial counsel and defense counsel.\n\nA. The trial counsel of a general or special court-martial\n\nshall prosecute in the name of the State of Oklahoma, and shall,\n\nunder the direction of the court, prepare the record of the\n\nproceedings.\n\nB. 1. The accused has the right to be represented in his or\n\nher defense before a general or special court-martial or at a\n\npreliminary hearing under Section 832 of this title (Article 32) as\n\nprovided in this subsection.\n\n2. The accused may be represented by civilian counsel if\n\nprovided by the accused.\n\n3. The accused may be represented:\n\na. by military counsel detailed under Section 827 of this\n\ntitle (Article 27), or\n\nb. by military counsel of his or her own selection if\n\nthat counsel is reasonably available as determined\n\nunder regulations prescribed under paragraph 7 of this\n\nsubsection.\n\n4. If the accused is represented by civilian counsel, military\n\ncounsel detailed or selected under paragraph 3 of this subsection\n\nshall act as associate counsel unless excused at the request of the\n\naccused.\n\n5. Except as provided under paragraph 6 of this subsection, if\n\nthe accused is represented by military counsel of his or her own\n\nselection under subparagraph b of paragraph 3 of this subsection,\n\nany military counsel detailed under subparagraph a of paragraph 3 of\n\nthis subsection shall be excused.\n\n6. The accused is not entitled to be represented by more than\n\none military counsel. However, the person authorized under\n\nregulations prescribed under Section 827 of this title (Article 27)\n\nto detail counsel, in his or her sole discretion:\n\na. may detail additional military counsel as assistant\n\ndefense counsel, and\n\nb. if the accused is represented by military counsel of\n\nhis or her own selection under subparagraph b of\n\nparagraph 3 of this subsection, may approve a request\n\nfrom the accused that military counsel detailed under\n\nsubparagraph a of paragraph 3 of this subsection, act\n\nas associate defense counsel.\n\n7. The Adjutant General shall, by regulation, define\n\n\"reasonably available\" for the purpose of subparagraph b of\n\nparagraph 3 of this subsection, and establish procedures for\n\ndetermining whether the military counsel selected by an accused\n\nunder that paragraph is reasonably available. Such regulations may\n\nnot prescribe any limitation based on the reasonable availability of\n\ncounsel solely on the grounds that the counsel selected by the\n\naccused is from a force component other than the one of which the\n\naccused is a member. To the maximum extent practicable, such\n\nregulations shall establish uniform policies between the force\n\ncomponents of the state military forces while recognizing the\n\ndifferences in the circumstances and needs of both force components.\n\nC. In any court-martial proceeding resulting in a conviction,\n\nthe defense counsel:\n\n1. May forward for attachment to the record of proceedings a\n\nbrief of such matters as he or she determines should be considered\n\nin behalf of the accused on review (including any objection to the\n\ncontents of the record which he or she considers appropriate);\n\n2. May assist the accused in the submission of any matter under\n\nSection 860, 860A or 860B of this title (Article 60, 60A or 60B);\n\nand\n\n3. May take other action authorized by the Oklahoma Uniform\n\nCode of Military Justice.\n\nD. An assistant trial counsel of a general court-martial may,\n\nunder the direction of the trial counsel or when he or she is\n\nqualified to be a trial counsel as required by Section 827 of this\n\ntitle (Article 27), perform any duty imposed by law, regulation, or\n\nthe custom of the service upon the trial counsel of the court. An\n\nassistant trial counsel of a special court-martial may perform any\n\nduty of the trial counsel.\n\nE. An assistant defense counsel of a general or special court-\n\nmartial may perform any duty imposed by law, regulation, or the\nnsel as required by Section 827 of this\n\ntitle (Article 27), perform any duty imposed by law, regulation, or\n\nthe custom of the service upon the trial counsel of the court. An\n\nassistant trial counsel of a special court-martial may perform any\n\nduty of the trial counsel.\n\nE. An assistant defense counsel of a general or special court-\n\nmartial may perform any duty imposed by law, regulation, or the\n\ncustom of the service upon counsel for the accused.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0e1c2759f71534e25209e09c0c72be8f70a36690c512c5d1ef2038680188ae18","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-837","next":"us-ok/okla.-stat.-tit.-44-44-839"},"notice":"GroundRules: Original legal text. Not legal advice."}