RCM 502(d)(6), Discussion, para. (E) Addresses the Defense Counsel’s (DC’s) Post-trial Duties
Overview of RCM 502(d)(6) in post-trial processes:
- Advise the accused of post-trial and appellate rights (not technically post-trial – RCM1010).
- Deferment of confinement / reduction / forfeitures. RCM 1101(c).
- Examination of the record of trial. RCM 1103(b)(3)(c).
- Submission of matters: RCM 1105; 1106(f)(4), (7); and, 1112(d)(2). See also UCMJ, Article 38(c).
- Right to appellate review and waiver thereof, in writing, within specified time period.RCM 1110.
- Examine Staff Judge Advocate’s Recommendation (SJAR). RCM 1106(f).
- See also United States v. Palenius , 2 M.J. 86, 93 (C.M.A. 1977). “The trial defense attorney . . . should maintain the attorney-client relationship with his client subsequent to the [trial] . . . until substitute trial [defense] counsel or appellate counsel have been properly designated and have commenced the performance of their duties . . . .”
- Advice on the right to appellate review and appellate process.
- Raising appellate issues. United States v. Grostefon , 12 M.J. 431 (C.M.A. 1982).
- Act in accused’s interest. See United States v. Martinez , 31 M.J. 524 (A.C.M.R. 1990).
- Maintain an attorney-client relationship. RCM 1106(f)(2) (for substitute counsel); United States v. Schreck , 10 M.J. 226 (C.M.A. 1981), supplemented by , 10 M.J. 374 (C.M.A. 1981); United States v. Titsworth , 13 M.J. 147 (C.M.A. 1982); United States v. Jackson , 34 M.J. 783 (A.C.M.R. 1992) (some responsibility placed on the SJA).