---
kind: "section"
citation: "10 U.S.C. § 949c"
title: "10"
title_heading: "Armed Forces"
number: "949c"
heading: "Duties of trial counsel and defense counsel"
release: "119-102"
url: "https://uscodex.org/usc/10/949c"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter IV — Trial Procedure"
---

# §949c. Duties of trial counsel and defense counsel

- (a) **Trial Counsel.—** The trial counsel of a military commission under this chapter shall prosecute in the name of the [United States](/usc/10/101.md?p=a-1).
- (b) **Defense Counsel.—**
  - (1) The accused shall be represented in the accused’s defense before a military commission under this chapter as provided in this subsection.
  - (2) The accused may be represented by military counsel detailed under [section 948k of this title](/usc/10/948k.md) or by military counsel of the accused’s own selection, if reasonably available.
  - (3) The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel—
    - (A) is a [United States](/usc/10/101.md?p=a-1) citizen;
    - (B) is admitted to the practice of law in a [State](/usc/10/2815a.md?p=g-2), district, or possession of the [United States](/usc/10/101.md?p=a-1), or before a Federal [court](/usc/10/704.md?p=c-3-A);
    - (C) has not been the subject of any sanction of disciplinary action by any [court](/usc/10/704.md?p=c-3-A), bar, or other competent governmental authority for relevant misconduct;
    - (D) has been determined to be eligible for access to information classified at the level Secret or higher; and
    - (E) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of [court](/usc/10/704.md?p=c-3-A) for conduct during the proceedings.
  - (4) If the accused is represented by civilian counsel, military counsel shall act as associate counsel.
  - (5) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under [section 948k of this title](/usc/10/948k.md) to detail counsel, in such person’s sole discretion, may detail additional military counsel to represent the accused.
  - (6) Defense counsel may cross-examine each witness for the prosecution who testifies before a military commission under this chapter.
  - (7) Civilian defense counsel shall protect any [classified information](/usc/10/948a.md?p=2) received during the course of representation of the accused in accordance with all applicable law governing the protection of [classified information](/usc/10/948a.md?p=2), and may not divulge such information to any person not authorized to receive it.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2585.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 949c, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2610, related to duties of trial counsel and defense counsel, prior to the general amendment of this chapter by Pub. L. 111–84.