---
kind: "section"
citation: "10 U.S.C. § 950h"
title: "10"
title_heading: "Armed Forces"
number: "950h"
heading: "Appellate counsel"
release: "119-102"
url: "https://uscodex.org/usc/10/950h"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter VII — Post-Trial Procedure and Review of Military Commissions"
---

# §950h. Appellate counsel

- (a) **Appointment.—** The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel for the [United States](/usc/10/101.md?p=a-1) and for the accused in military commissions under this chapter. Appellate counsel shall meet the qualifications of counsel for appearing before military commissions under this chapter.
- (b) **Representation of United States.—** Appellate counsel appointed under [subsection (a)](#a)—
  - (1) shall represent the [United States](/usc/10/101.md?p=a-1) in any appeal or review proceeding under this chapter before the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review; and
  - (2) may, when requested to do so by the Attorney General in a case arising under this chapter, represent the [United States](/usc/10/101.md?p=a-1) before the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Appeals for the District of Columbia Circuit or the Supreme [Court](/usc/10/704.md?p=c-3-A).
- (c) **Representation of Accused.—** The accused shall be represented by appellate counsel appointed under [subsection (a)](#a) before the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review, the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Appeals for the District of Columbia Circuit, and the Supreme [Court](/usc/10/704.md?p=c-3-A), and by civilian counsel if retained by the accused. Any such civilian counsel shall meet the qualifications under paragraph (3) of [section 949c(b) of this title](/usc/10/949c.md?p=b) for civilian counsel appearing before military commissions under this chapter and shall be subject to the requirements of [paragraph (7)](/usc/10/949c.md?p=b-7) of that section.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2604.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 950h, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2622, related to appellate counsel, prior to the general amendment of this chapter by Pub. L. 111–84.