10 U.S.C. § 870

Art. 70. Appellate counsel

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(a) 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 section 827(b)(1) of this title (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. 1041, 70A Stat. 62; Pub. L. 90–632, § 2(31), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98–209, § 10(c)(3), Dec. 6, 1983, 97 Stat. 1406; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5334, Dec. 23, 2016, 130 Stat. 2936.)

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 NotesAmendments

2016—Subsec. (f). Pub. L. 114–328 added subsec. (f).

1994—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.

1983—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.

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

1968—Subsecs. (b) to (d). Pub. L. 90–632 substituted “Court of Military Review” for “board of review” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

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.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.

Effective Date of 1968 Amendment

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

Notes of Decisions

Cited in 81 cases (5 in the last 5 years), 1958–2025 · leading case: United States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006).

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United States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006). · cites it 2× “See Article 70, UCMJ, 10 U.S.C. § 870 (2000). Ultimately the timely management and disposition of cases docketed at the Courts of Criminal Appeals is a responsibility of the Courts of Criminal Appeals.”

United States v. Toohey, 63 M.J. 353 (C.A.A.F. 2006). · cites it 2× “See Article 70, UCMJ, 10 U.S.C. § 870 (2000). Ultimately the timely management and disposition of cases docketed at the Courts of Criminal Appeals is a responsibility of the Courts of Criminal Appeals.”

United States v. Roach, 66 M.J. 410 (C.A.A.F. 2008). · cites it 5× “In view of appellate defense counsel’s repeated reference to the workload of the Appellate Defense Division during prior consideration of this case at the Court of Criminal Appeals, the Court of Criminal Appeals upon remand should ensure that Appellant receives conflict-free…”

United States v. Palenius, 2 M.J. 86 (1977). · cites it 3× “We granted review to consider the appellant’s claim that he was denied the effective assistance of counsel, guaranteed by the Sixth Amendment of the United States Constitution, and by Article 70(c), UCMJ, 10 U.S.C. § 870 , when on the same day of and subsequent to his trial and…”

United States v. Quintanilla, 56 M.J. 37 (C.A.A.F. 2001). · cites it 2× “70, UCMJ, 10 USC § 870 . 63 United States v. Quintanilla, No.”

United States v. Grostefon, 12 M.J. 431 (1982). “Article 70, UCMJ, 10 U.S.C. § 870 . . Moyer, Procedural Rights of The Military Accused: Advantages over a Civilian Defendant, 22 Me.”

United States v. Dearing, 63 M.J. 478 (C.A.A.F. 2006). · cites it 2× “44 See Article 70, UCMJ, 10 U.S.C. § 870 (2000). 45 We note that Appellant was sentenced on March 14, 2000, and is presently incarcerated.”

United States v. Rodriguez, 67 M.J. 110 (C.A.A.F. 2009). · cites it 2× “See Article 70, UCMJ, 10 U.S.C. § 870 (2000). When a servicemember relies on a military attorney and 9 United States v.”

United States v. Adams, 59 M.J. 367 (C.A.A.F. 2004). · cites it 2× “See Article 70(d), UCMJ, 10 U.S.C. § 870 (d) (2000). Captain Maher communicated with Mr.”

Diaz v. The Judge Advocate Gen. of the Navy, 59 M.J. 34 (C.A.A.F. 2003). “An accused has the right to effective representation by counsel through the entire period of review following trial, including representation before the Court of Criminal Appeals and our Court by appellate counsel appointed under Article 70, UCMJ, 10 U.S.C. § 870 (2000). See…”

United States v. Haney, 64 M.J. 101 (C.A.A.F. 2006). · cites it 2× “32 See Article 70, UCMJ, 10 U.S.C. § 870 (2000); United States v. Dearing, __ M.”

United States v. Roach, 69 M.J. 17 (C.A.A.F. 2010). “This Court granted review of two issues in January 2008, and remanded the case to the CCA six months later on the ground that “the court below proceeded to decide the ease without taking the steps required under Bell and May” to ensure that Appellant could be provided…”

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— 10 U.S.C. § 870(c) — 1 case

United States v. Sink, 27 M.J. 920 (1989).

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