TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 400 ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
SECTION 400.1070 APPELLATE COUNSEL


 

Section 400.1070  Appellate Counsel

 

a)         The senior force judge advocate shall coordinate with the Attorney General regarding review or appeal of cases specified in Code Section 67a.  The Attorney General may appoint a judge advocate nominated by the senior force judge advocate as Special Assistant Attorney General to act as appellate government counsel to represent the State.  The appointment as Special Assistant Attorney General shall be at the discretion of the Attorney General. Appellate government counsel must be a member in good standing of the Illinois bar.

 

b)         Upon an appeal by the State, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.

 

c)         Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.

 

d)         Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c).

 

e)         An accused may be represented by civilian appellate counsel at no expense to the State.  (Code Section 70)