What is Article 38 of the Uniform Code of Military Justice?
Article 38 of the UCMJ describes and defines the duties of Defense Counsel (Defense) and Trial Counsel (Prosecution) in Military Justice proceedings. It also contains the rules by which Service Members can elect to be represented by
- a Judge Advocate appointed by the Military (a "Detailed Military Counsel," usually an Active Duty Judge Advocate Captain or Major),
- a Judge Advocate of the Service Member's selection (an "Individual Military Counsel" or "IMC," who may be Reserve, Active, or Guard and from any Service), or
- a Civilian Defense Counsel.