MJ-007 · MILITARY JUSTICE
Counsel, Defense Rights & Representation
MJ-007: Military justice uses several counsel roles: detailed military defense counsel, individually requested military counsel when reasonably available, civilian defense counsel, trial counsel and appellate counsel. Rights and appointment rules change with the stage of the case.
Controlling authorities
- Article 27 — Detail of trial counsel and defense counsel
- Article 38 — Duties of trial counsel and defense counsel
- CAAF Rules of Practice and Procedure
Working procedure
- Identify whether the matter is investigative, Article 32, trial, post-trial or appellate; counsel rights and responsibilities differ by stage.
- Preserve the detailing order or notice identifying military defense counsel and any request for individually selected military counsel.
- Record any civilian counsel appearance separately from detailed military counsel.
- Track conflicts, substitutions, withdrawals, severance of representation and rulings affecting counsel.
- For appeals, identify the service appellate defense division, detailed appellate counsel and any civilian appellate counsel.
Records to preserve
Counsel-detailing notices; rights advisements; counsel requests; appearance notices; conflict disclosures; withdrawal or substitution motions; appellate representation notices.
Version control
Match the offense date, procedural date, service, forum and filing date to the governing UCMJ text, MCM/R.C.M./M.R.E. version, later presidential amendments, service rule and court rule. The 2024 MCM remains the current published edition, but later operative amendments must be checked before treating it as complete current procedure.
Registry sources: SRC-173; SRC-174; SRC-176 · Last verified: October 4, 2026 · Review cadence: 30 days
