US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 870

Art. 70. Appellate counsel

(a)
section 827(b)(1) of this title The Judge Advocate General shall detail in his office one or more commissioned officers as appellate Government counsel, and one or more commissioned officers as appellate defense counsel, who are qualified under (article 27(b)(1)).
(b)
Appellate Government counsel shall represent the United States before the Court of Criminal Appeals or the Court of Appeals for the Armed Forces when directed to do so by the Judge Advocate General. 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.
(c)
Appellate defense counsel shall represent the accused before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, 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 Appeals for the Armed Forces.
(d)
The accused has the right to be represented before the Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court by civilian counsel if provided by him.
(e)
Military appellate counsel shall also perform such other functions in connection with the review of court martial cases as the Judge Advocate General directs.
(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.

Aug. 10, 1956, ch. 104170A Stat. 62Pub. L. 90–632, § 2(31)82 Stat. 1342Pub. L. 98–209, § 10(c)(3)97 Stat. 1406Pub. L. 103–337, div. A, title IX, § 924(c)(1)108 Stat. 2831Pub. L. 114–328, div. E, title LIX, § 5334130 Stat. 2936(, ; , , ; , , ; , (2), , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

870(a)

870(b)

50:657(a).

50:657(b).

May 5, 1950, ch. 169, § 1 (Art. 70), 64 Stat. 130.

870(c)

50:657(c).

870(d)

50:657(d).

870(e)

50:657(e).

In subsection (a), the word “detail” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense. The word “commissioned” is inserted for clarity. The word “are” is substituted for the words “shall be”. The words “the provisions of” are omitted as surplusage.

In subsections (b) and (c), the word “shall” is substituted for the words “It shall be the duty of * * * to”.

In subsection (c)(3), the word “sent” is substituted for the word “transmitted”.

In subsection (d), the word “has” is substituted for the words “shall have”.

In subsection (e), the word “directs” is substituted for the words “shall direct”.

Editorial Notes

Amendments

Pub. L. 114–3282016—Subsec. (f). added subsec. (f).

Pub. L. 103–3371994—Subsecs. (b) to (d). 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.

Pub. L. 98–209, § 10(c)(3)(A)1983—Subsec. (b). , 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.

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

Pub. L. 90–6321968—Subsecs. (b) to (d). substituted “Court of Military Review” for “board of review” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

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

Effective Date of 1983 Amendment

Pub. L. 98–209section 12(a)(1) of Pub. L. 98–209section 801 of this titleAmendment by effective first day of eighth calendar month beginning after , see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–632section 4 of Pub. L. 90–632section 801 of this titleAmendment by effective first day of tenth month following October 1968, see , set out as a note under .