United States v. Lambert

An accused’s right to secure representation by military counsel of his own choice, if reasonably available, is mandated both by the Code and the Manual. See Article *77738(b), U.C.M.J., and paragraph 48, M.C.M., 1969 (rev.). It is a substantial right and where it is improperly denied, it amounts to a violation of due process.

The accused’s desire for individual defense counsel arose when the trial judge informed the accused of his right to counsel:

MJ: Airman Lambert, by whom do you wish to be defended by?

ACC: Sir, Your Honor, I’d like to be defended by Captain A from Peterson Field, sir.

MJ: You wish…