§ 870. Art. 70. Appellate counsel

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 62 · 70A Stat. 62

   Enacted · 10 U.S.C. § 870

   Aug. 10, 1956, ch. 1041, 70A Stat. 62

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 62

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(31) · 82 Stat. 1335

   Substituted · 10 U.S.C. § 870(b)(d)

   Pub. L. 90–632 substituted “Court of Military Review” for “board of review” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 90–632 substituted “Court of Military Review” for “board of review” wherever appearing.

   Enacted provision · exact public law section
   (31) Subsections (b), (c), and (d) of section 870 (article 70) are amended by striking out “board of review” each time it appears and inserting in lieu thereof “Court of Military Review”.

3. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 10(c)(3)(A) · 97 Stat. 1393

   Inserted · 10 U.S.C. § 870(b)

   Pub. L. 98–209, § 10(c)(3)(A), inserted provision that Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–209, § 10(c)(3)(A), inserted provision that Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.

   Enacted provision · exact public law section
   (A) 10 USC 870. Section 870(b) (article 70(b)) is amended by adding at the end thereof the following new sentence: “Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.”.

4. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 10(c)(3)(B) · 97 Stat. 1393

   1. Amended · 10 U.S.C. § 870(c); 10 U.S.C. § 870(d)

      Pub. L. 98–209, § 10(c)(3)(B), amended subsecs. (c) and (d) generally

   2. Inserted · 10 U.S.C. § 870(c); 10 U.S.C. § 870(d)

      Pub. L. 98–209, § 10(c)(3)(B), inserting references to the Supreme Court

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 98–209, § 10(c)(3)(B), amended subsecs. (c) and (d) generally, inserting references to the Supreme Court.

   Enacted provision · exact public law section
   (B) Subsections (c) and (d) of such section are amended to read as follows: “(c) Appellate defense counsel shall represent the accused before the Court of Military Review, the Court of Military Appeals, or the Supreme Court— “(1) when requested by the accused; “(2) when the United States is represented by counsel; or “(3) when the Judge Advocate General has sent the case to the Court of Military Appeals. “(d) The accused has the right to be represented before the Court of Military Review, the Court of Military Appeals, or the Supreme Court by civilian counsel if provided by him.”.

5. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title IX § 924(c)(1) · 108 Stat. 2663

   1. Substituted · 10 U.S.C. § 870(b)(d)

      Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing

   2. Substituted · 10 U.S.C. § 870(b)(d)

      Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals” wherever appearing.

   Enacted provision · exact public law section
   (1) The following sections are amended by striking out “Court of Military Appeals” each place it appears and inserting in lieu thereof “Court of Appeals for the Armed Forces”: sections 707(a)(2), 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944, 945, and 946(b)(1).

6. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LIX § 5334 · 130 Stat. 2000

   Added · 10 U.S.C. § 870(f)

   Pub. L. 114–328 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 114–328 added subsec. (f).

   Enacted provision · exact public law section
   SEC. 5334. APPELLATE DEFENSE COUNSEL IN DEATH PENALTY CASES.   Section 870 of title 10, United States Code (article 70 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: “(f) To the greatest extent practicable, in any capital case, at least one defense counsel under subsection (c) shall, as determined by the Judge Advocate General, be learned in the law applicable to such cases. If necessary, this counsel may be a civilian and, if so, may be compensated in accordance with regulations prescribed by the Secretary of Defense.” .

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

7 of 8 references resolved to an enrolled provision · 1 partial