---
kind: "section"
citation: "10 U.S.C. § 950h"
title: "10"
title_heading: "Armed Forces"
number: "950h"
heading: "Appellate counsel"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/950h"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter VII — Post-Trial Procedure and Review of Military Commissions"
---

# §950h. Appellate counsel

- (a) **Appointment.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall, by regulation, establish procedures for the appointment of appellate counsel for the [United States](/usc/10/101.md?p=a-1) and for the accused in [military](/usc/10/801.md?p=8) commissions under this chapter. Appellate counsel shall meet the qualifications of counsel for appearing before [military](/usc/10/801.md?p=8) commissions under this chapter.
- (b) **Representation of United States.—** Appellate counsel appointed under [subsection (a)](#a)—
  - (1) shall represent the [United States](/usc/10/101.md?p=a-1) in any appeal or review proceeding under this chapter before the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review; and
  - (2) may, when requested to do so by the Attorney General in a case arising under this chapter, represent the [United States](/usc/10/101.md?p=a-1) before the [United States](/usc/10/101.md?p=a-1) Court of Appeals for the District of Columbia Circuit or the Supreme Court.
- (c) **Representation of Accused.—** The accused shall be represented by appellate counsel appointed under [subsection (a)](#a) before the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review, the [United States](/usc/10/101.md?p=a-1) Court of Appeals for the District of Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by the accused. Any such civilian counsel shall meet the qualifications under paragraph (3) of [section 949c(b) of this title](/usc/10/949c.md?p=b) for civilian counsel appearing before [military](/usc/10/801.md?p=8) commissions under this chapter and shall be subject to the requirements of [paragraph (7)](/usc/10/949c.md?p=b-7) of that section.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2604.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 950h, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2622, related to appellate counsel, prior to the general amendment of this chapter by Pub. L. 111–84.