In the United States military justice system, a private accused of an offense in a court-martial has the right to be represented by military counsel, also known as a military defense lawyer or military defense counsel, in all types of court-martial.
The three types of court-martial are:
Summary Court-Martial: This is the lowest level of court-martial and is typically used for minor offenses. In a summary court-martial, the accused has the right to be represented by military counsel if one is available.
Special Court-Martial: This is a mid-level court-martial and is typically used for more serious offenses. In a special court-martial, the accused has the right to be represented by military counsel.
General Court-Martial: This is the highest level of court-martial and is typically used for the most serious offenses. In a general court-martial, the accused has the right to be represented by military counsel.
In all types of court-martial, the accused has the right to be represented by a military defense counsel, regardless of their rank or position within the military. The military defense counsel is provided by the military and is a trained lawyer who is familiar with military law and court-martial procedures.