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This position was established by Reorganization Plan No. 6 of 1953 and by Defense Directive 5145.1, signed 24 August 1953. The position derived its responsibilities from one of the original three Special Assistants to the Secretary (established in 1947) and the Assistant Secretary of Defense (Legal and Legislative Affairs) (established in 1949 ...
officers detailed to the court are defense counsel, trial counsel (prosecutor), and military judge; special court-martial panel comprises three or more members, at least one-third of whom are enlisted if requested by an enlisted accused; accused service member may request a trial by judge alone in lieu of trial by a panel of members
Prior to the late 1970s, the duty of defense counsel was just another assignment within the Office of the Staff Judge Advocate, much like the trial counsel (military prosecutor). To some, this created the appearance of a conflict of interest when two opposing counsel worked within the same office.
Majors and lieutenant colonels may perform duties as a labor, procurement, or environmental law specialist at various area counsel offices. Lieutenant colonels may also serve as Staff Judge Advocates, Deputy Staff Judge Advocates, Regional Trial Counsel, Regional Defense Counsel, or Officers-in-Charge of an LSST.
Responsibilities for the secretary of defense are laid out in Title 10 of the U.S. Code. He is “the principal assistant to the President in all matters relating to the Department of Defense ...
Unlike most civilian criminal jurisdictions in the United States, the military does not require that a defendant prove an inability to pay in order to receive defense counsel at government expense. [10] Counsel appearing before the court must be admitted to the Bar of the Court or obtain permission of the court to appear in a specific case.
The Air Force Legal Operations Agency (AFLOA) includes all senior defense counsel, senior trial counsel, and appellate defense and government counsel in the Air Force, as well as all Air Force civil litigators defending the Air Force against civil law suits claiming damages and seeking other remedies in contracts, environmental, labor, and tort litigation.
Criminal defendants sometimes employ an “advice of counsel” defense to try to demonstrate that they had not intended to break the law. Fact check: Trump’s misleading claim about the judge ...