West Virginia Code
Article 1E. Code of Military Justice
§15-1E-38. Duties of Trial Counsel and Defense Counsel

(a) The trial counsel of a general or special court-martial shall be a member in good standing of the State Bar and shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.
(b) (1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under section thirty-two of this article as provided in this subsection.
(2) The accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented:
(A) By military counsel detailed under section twenty-seven of this article; or
(B) By military counsel of the accused's own selection if that counsel is reasonably available as determined under subdivision (7).
(4) If the accused is represented by civilian counsel, military counsel detailed or selected under subdivision (3) shall act as associate counsel unless excused at the request of the accused.
(5) Except as provided under subdivision (6), if the accused is represented by military counsel of his or her own selection under paragraph (B), subdivision (3), any military counsel detailed under paragraph (A), subdivision (3), shall be excused.
(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section twenty-seven of this article to detail counsel, in that person's sole discretion:
(A) May detail additional military counsel as assistant defense counsel; and
(B) If the accused is represented by military counsel of the accused's own selection under paragraph (B), subdivision (3), may approve a request from the accused that military counsel detailed under paragraph (A), subdivision (3), act as associate defense counsel.
(7) The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available.
(c) In any court-martial proceeding resulting in a conviction, the defense counsel:
(1) May forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate;
(2) May assist the accused in the submission of any matter under section sixty of this article; and
(3) May take other action authorized by this article.

Structure West Virginia Code

West Virginia Code

Chapter 15. Public Safety

Article 1E. Code of Military Justice

§15-1E-1. Definitions; Gender Neutrality

§15-1E-2. Persons Subject to This Article; Jurisdiction

§15-1E-3. Jurisdiction to Try Certain Personnel

§15-1E-5. Territorial Applicability of the Article

§15-1E-6. Judge Advocates

§15-1E-7. Apprehension

§15-1E-9. Imposition of Restraint

§15-1E-10. Restraint of Persons Charged With Offenses

§15-1E-11. Place of Confinement; Reports and Receiving of Prisoners

§15-1E-12. Confinement With Enemy Prisoners Prohibited

§15-1E-13. Punishment Prohibited Before Trial

§15-1E-14. Delivery of Offenders to Civil Authorities

§15-1E-15. Commanding Officer's Nonjudicial Punishment

§15-1E-16. Courts-Martial Classified

§15-1E-17. Jurisdiction of Courts-Martial in General

§15-1E-18. Jurisdiction of General Courts-Martial

§15-1E-19. Jurisdiction of Special Courts-Martial

§15-1E-20. Jurisdiction of Summary Courts-Martial

§15-1E-22. Who May Convene General Courts-Martial

§15-1E-23. Who May Convene Special Courts-Martial

§15-1E-24. Who May Convene Summary Courts-Martial

§15-1E-25. Who May Serve on Courts-Martial

§15-1E-26. Military Judge of a General or Special Court-Martial

§15-1E-27. Detail of Trial Counsel and Defense Counsel

§15-1E-28. Detail or Employment of Reporters and Interpreters

§15-1E-29. Absent and Additional Members

§15-1E-30. Charges and Specifications

§15-1E-31. Compulsory Self-Incrimination Prohibited

§15-1E-32. Investigation

§15-1E-33. Forwarding of Charges

§15-1E-34. Advice of Judge Advocate and Reference for Trial

§15-1E-35. Service of Charges

§15-1E-36. Governor or the Adjutant General May Prescribe Rules

§15-1E-37. Unlawfully Influencing Action of Court

§15-1E-38. Duties of Trial Counsel and Defense Counsel

§15-1E-39. Sessions

§15-1E-40. Continuances

§15-1E-41. Challenges

§15-1E-42. Oaths or Affirmations

§15-1E-43. Statute of Limitations

§15-1E-44. Former Jeopardy

§15-1E-45. Pleas of the Accused

§15-1E-46. Opportunity to Obtain Witnesses and Other Evidence

§15-1E-47. Refusal to Appear or Testify

§15-1E-48. Contempts

§15-1E-49. Depositions

§15-1E-50. Admissibility of Records of Courts of Inquiry

§15-1E-50a. Defense of Lack of Mental Responsibility

§15-1E-51. Voting and Rulings

§15-1E-52. Number of Votes Required

§15-1E-53. Court to Announce Action

§15-1E-54. Record of Trial

§15-1E-55. Cruel and Unusual Punishments Prohibited

§15-1E-56. Maximum Limits

§15-1E-57. Effective Date of Sentences

§15-1E-57a. Deferment of Sentences

§15-1E-58. Execution of Confinement

§15-1E-58a. Sentences: Reduction in Enlisted Grade Upon Approval

§15-1E-58b. Sentences: Forfeiture of Pay and Allowances During Confinement

§15-1E-59. Error of Law; Lesser Included Offense

§15-1E-60. Action by the Convening Authority

§15-1E-61. Withdrawal of Appeal

§15-1E-62. Appeal by the State

§15-1E-63. Rehearings

§15-1E-64. Review by the Senior Force Judge Advocate

§15-1E-65. Disposition of Records After Review by the Convening Authority

§15-1E-67a. Review by State Appellate Authority

§15-1E-70. Appellate Counsel

§15-1E-71. Execution of Sentence; Suspension of Sentence

§15-1E-72. Vacation of Suspension

§15-1E-73. Petition for a New Trial

§15-1E-74. Remission and Suspension

§15-1E-75. Restoration

§15-1E-76. Finality of Proceedings, Findings, and Sentences

§15-1E-76a. Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions

§15-1E-76b. Lack of Mental Capacity or Mental Responsibility: Commitment of Accused for Examination and Treatment

§15-1E-77. Principals

§15-1E-78. Accessory After the Fact

§15-1E-79. Conviction of Lesser Included Offense

§15-1E-80. Attempts

§15-1E-81. Conspiracy

§15-1E-82. Solicitation

§15-1E-83. Fraudulent Enlistment, Appointment, or Separation

§15-1E-84. Unlawful Enlistment, Appointment, or Separation

§15-1E-85. Desertion

§15-1E-86. Absence Without Leave

§15-1E-87. Missing Movement

§15-1E-88. Contempt Toward Officials

§15-1E-89. Disrespect Toward Superior Commissioned Officer

§15-1E-90. Assaulting or Willfully Disobeying Superior Commissioned Officer

§15-1E-91. Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer

§15-1E-92. Failure to Obey Order or Regulation

§15-1E-93. Cruelty and Maltreatment

§15-1E-94. Mutiny or Sedition

§15-1E-95. Resistance, Flight, Breach of Arrest, and Escape

§15-1E-96. Releasing Prisoner Without Proper Authority

§15-1E-97. Unlawful Detention

§15-1E-98. Noncompliance With Procedural Rules

§15-1E-99. Misbehavior Before the Enemy

§15-1E-100. Subordinate Compelling Surrender

§15-1E-101. Improper Use of Countersign

§15-1E-102. Forcing a Safeguard

§15-1E-103. Captured or Abandoned Property

§15-1E-104. Aiding the Enemy

§15-1E-105. Misconduct as Prisoner

§15-1E-107. False Official Statements

§15-1E-108. Military Property - Loss, Damage, Destruction, or Wrongful Disposition

§15-1E-109. Property Other Than Military Property - Waste, Spoilage, or Destruction

§15-1E-110. Improper Hazarding of Vessel

§15-1E-112. Drunk on Duty

§15-1E-112a. Wrongful Use, Possession, etc., of Controlled Substances

§15-1E-113. Misbehavior of Sentinel

§15-1E-114. Dueling

§15-1E-115. Malingering

§15-1E-116. Riot or Breach of Peace

§15-1E-117. Provoking Speeches or Gestures

§15-1E-132. Frauds Against the Government

§15-1E-133. Conduct Unbecoming an Officer and a Gentleman

§15-1E-134. General Article

§15-1E-135. Courts of Inquiry

§15-1E-136. Authority to Administer Oaths and to Act as Notary

§15-1E-137. Articles to Be Explained

§15-1E-138. Complaints of Wrongs

§15-1E-139. Redress of Injuries to Property

§15-1E-140. Delegation by the Governor

§15-1E-141. Payment of Fees, Costs and Expenses

§15-1E-142. Payment of Fines and Disposition Thereof

§15-1E-143. Uniformity of Interpretation

§15-1E-144. Immunity for Action of Military Courts

§15-1E-146. Short Title

§15-1E-147. Time of Taking Effect

§15-1E-148. Supersedes Existing State Military Justice Codes