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10 U.S.C. § 1044f — Policies with respect to special trial counsel
Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies Required.—** The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. Subject to subsection (c), the policies shall—
(1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen;
(2) provide for the appointment of one lead special trial counsel, who shall—
(A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice;
(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and
(C) report directly to the Secretary concerned, without intervening authority;
(3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office—
(A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a); and
(B) conduct assigned activities free from unlawful or unauthorized influence or coercion;
(4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered off
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Source file: Laws/federal/codes/united-states-code/title-10/section-1044f-policies-with-respect-to-special-trial-counsel--af6478624d.md
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Source location: Title 10, Chapter 53, § 1044f; chapter-053-miscellaneous-rights-and-benefits.md
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**(a) Policies Required.—** The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. Subject to subsection (c), the policies shall—
(1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen;
(2) provide for the appointment of one lead special trial counsel, who shall—
(A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice;
(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and
(C) report directly to the Secretary concerned, without intervening authority;
(3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office—
(A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a); and
(B) conduct assigned activities free from unlawful or unauthorized influence or coercion;
(4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and
(5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel.
**(b) Uniformity.—** The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure.
**(c) Special Trial Counsel of Department of the Air Force.—** In establishing policies under subsection (a), the Secretary of Defense shall—
(1) in lieu of providing for separate offices for the Air Force and Space Force under subsection (a)(1), provide for the establishment of a single dedicated office from which office the activities of the special trial counsel of the Department of the Air Force shall be supervised and overseen; and
(2) in lieu of providing for separate lead special trial counsels for the Air Force and Space Force under subsection (a)(2), provide for the appointment of one lead special trial counsel who shall be responsible for the overall supervision and oversight of the activities of the special trial counsel of the Department of the Air Force.
**(d) Military Service Defined.—** In this section, the term “military service” means the Army, Navy, Air Force, Marine Corps, and Space Force.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Detail of Special Trial Counsel.—** Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
**(b) Qualifications.—** A special trial counsel shall be a commissioned officer who—
(1)
(A) is a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and
(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
(i) the Judge Advocate General of the armed force of which the officer is a member; or
(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
(2) in the case of a lead special trial counsel appointed pursuant to [section 1044f(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044f/a/2&num=0&edition=prelim), is in a grade no lower than O–7.
**(c) Duties and Authorities.—**
(1) **In general.—** — Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
(2) **Determination of covered offense; related charges.—**
(A) *Authority.—* — A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
(B) *Known and related offenses.—* — If a special trial counsel determines that a reported offense is a covered offense, the spe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 824a
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Federal law — U.S. Code and appendices · legal_authorities
Page 936
TITLE 10—ARMED FORCES
§ 1044f
an alleged sex-related offense under paragraph (1) re-
garding the prosecution of the offense, while not
binding, should be considered by the convening au-
thority in making the determination regarding
whether to refer the charge or specification for the
offense to a court-martial for trial.
‘‘(3) NOTICE
TO
APPROPRIATE
JURISDICTION
OF
VIC-
TIM’S PREFERENCE FOR CIVILIAN PROSECUTION.—If the
victim of an alleged sex-related offense expresses a
preference under paragraph (1) for prosecution of the
offense in a civilian court, the convening authority
described in paragraph (2) shall ensure that the civil-
ian authority with jurisdiction over the offense is no-
tified of the victim’s preference for civilian prosecu-
tion.
‘‘(4) NOTICE TO VICTIM OF STATUS OF CIVILIAN PROS-
ECUTION WHEN VICTIM EXPRESSES PREFERENCE FOR CI-
VILIAN
PROSECUTION.—Following notification of the
civilian authority with jurisdiction over an alleged
sex-related offense of the preference of the victim of
the offense for prosecution of the offense in a civilian
court, the convening authority shall be responsible
for notifying the victim if the convening authority
learns of any decision by the civilian authority to
prosecute or not prosecute the offence in a civilian
court.
‘‘(c) MODIFICATION OF MANUAL FOR COURTS-MARTIAL.—
Not later than 180 days after the date of the enactment
of this Act [Dec. 19, 2014], Part III of the Manual for
Courts-Martial shall be modified to provide that when
a victim of an alleged sex-related offense has a right to
be heard in connection with the prosecution of the al-
leged sex-related such offense, the victim may exercise
that right through counsel, including through a Special
Victims’ Counsel under section 1044e o
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1044f
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