2008 edition - Fort Sam Houston - U.S. Army

App. 8 APPENDIX 8
[Note 10. See R.C.M. 807(b)(2) Discussion (D) concerning the oath to be administered the reporter.]
Detail of trial counsel TC: ((I) (All members of the prosecution) have been detailed to this courtmartial
by .)
Qualifications of TC: (I am) (All members of the prosecution are) Prosecution qualified and
certified under Article 27(b) and sworn under Article 42(a).
( .)
TC: (I have not) (No member of the prosecution has) acted in any manner
which might tend to disqualify (me) (him) (or) (her) in this court-martial
( .)
Detail of defense counsel DC: ((I) (All detailed members of the defense) have been detailed to this
court-martial by .)
Qualifications of defense DC: (All detailed members of the defense are) (I Counsel am) qualified and
certified under Article 27(b) and sworn under Article 42(a).
( .)
Qualifications of individual
counsel when present
Rights to counsel [Note 12. See R.C.M. 506.]
A8-2
DC: (I have not) (No member of the defense has) acted in any manner
which might tend to disqualify (me) (him) (or) (her) in this court-martial.
( .)
IDC: My qualifications are . I have not acted in any manner
which might tend to disqualify me in this court-martial.
[Note 11. If it appears that any counsel may be disqualified, the military judge must decide the matter
and take appropriate action. See R.C.M. 901(d)(3).]
MJ: , you have the right to be represented in this court-martial
by (and ), your detailed defense counsel,
or you may be represented by military counsel of your own selection,
if the counsel you request is reasonably available. If you are represented
by military counsel of your own selection, you would lose the
right to have (and ), your detailed counsel,
continue to help in your defense. However, you may request
that (and , or one of them), your detailed
counsel, continue to act as associate counsel with the military counsel
you select, and , the detailing authority, may approve such
a request. Do you understand?
ACC: .
MJ: In addition, you have the right to be represented by civilian counsel, at
no expense to the United States. Civilian counsel may represent you
alone or along with your military counsel. Do you understand?
[Note 13. If two or more accused in a joint or common trial are represented by the same counsel, or by
civilian counsel who are associated in the practice of law, the military judge must inquire into the matter.
See R.C.M. 901(d)(4)(D).]
MJ: Do you have any questions about your rights to counsel?