(a) Counsel for the Commonwealth.--The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal of cases by a board of review or before the Superior Court or before any other court when requested to do so by the Attorney General. Counsel must be a member in good standing of the bar of the Supreme Court.
(b) Counsel for the accused.--In all posttrial reviews and appeals, whether initiated by the accused or the Commonwealth, the accused has the right to be represented by appellate military counsel before any reviewing authority and before any appellate court. Upon the request of an accused, the State Judge Advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases. An accused may be represented by civilian appellate counsel at no expense to the Commonwealth.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Posttrial Procedure and Review of Courts-martial
Section 5901 - Error of law; lesser included offense
Section 5902 - Action by convening authority
Section 5903 - Action on general court-martial records
Section 5904 - Reconsideration and revision
Section 5906 - Approval by convening authority
Section 5907 - Disposition of records after review by convening authority
Section 5908 - Review by State Judge Advocate and Adjutant General
Section 5909 - Review by a board of review
Section 5910 - Review by Superior Court
Section 5911 - Appellate counsel
Section 5912 - Execution of sentence; suspension of sentence
Section 5913 - Vacation of suspension
Section 5914 - Petition for new trial
Section 5915 - Remission and suspension
Section 5917 - Finality of proceedings, findings and sentences