United
States v. Spriggs, 52 MJ 235 (case contains detailed
discussion of the right to individual military counsel,
including: the
source of the right; standards and limitations applicable to requests
for
individual military counsel; assessing claimed prior attorney-client
relationships and the limitations on severing such relationships; and
burdens
applicable to requests for individual military counsel and motions for
individual military counsel).
(in support of motion for individual military counsel, accused
failed to
establish an attorney-client relationship that would be protected under
the
“good cause” limitations on severance where: (1) the record did
not
demonstrate that attorney agreed to enter an attorney-client
relationship with
accused; (2) accused’s responses to the military judge revealed that
accused
understood that there was no agreement to enter into an attorney-client
relationship; and, (3) the record did not reveal that the attorney
engaged in
any substantive activity for accused beyond discussing some of the
pending
charges and the possibility of representation).
(if a civilian attorney happens to be a reservist, that person’s
availability as individual military counsel must be determined on the
basis of
activities undertaken in his or her military status, not on the basis
of
attorney-client relationships developed in civilian practice).
(record contained ample basis for denying individual military
counsel
request under the good-cause standard where: (1) the judge
advocate was
routinely separated from active duty; (2) the attorney did not agree to
represent the accused in his civilian capacity or in his capacity as a
reservist; (3) a 15-day involuntary call to active duty would have been
inadequate time for the attorney to investigate, prepare, and try a
general
court-martial; (4) the accused failed to show that an attorney-client
relationship was established in the context of the attorney’s military
assignment; and, (5) the accused failed to show that the attorney
accomplished
substantial trial preparation while in his military assignment).