Court Martial Trial Procedures
Court Martial Military Lawyer
The rules and procedures in court martial are very similar to those in civilian courts. The following discusses some of those similarities and points out some of the differences.Pretrial Conferences at a court martial (“Meeting in Chambers”).
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As in many civilian courts, a legally trained judge presides over most courts‑martial. The "military judge" may hold informal conferences to coordinate aspects of the trial. These are similar to conferences a civilian judge might have "in chambers." Under the military rules, "RCM 802 conferences" may be in person, or by phone, but may not be used to resolve contested issues. Contested procedural or legal issues must be resolved in court, on the record.
Pretrial Hearings. The military judge usually settles contested legal or procedural issues under Article 39(a), of the Uniform Code of Military Justice, which allows him to conduct hearings for that purpose. Called "Article 39(a) sessions," the military judge may hear witnesses, take other evidence, and hear arguments, just as a civilian judge would during "motion hearings" in a civilian case. These sessions and most other proceedings of courts‑martial are open to the public. As in civilian cases, Article 39(a) sessions take place outside the presence of the "court‑martial members" who serve as the jury in military cases.
Arraignment. One of the first "Article 39(a) sessions" in a military case is typically "arraignment." Just as in civilian cases, the accused servicemember is informed of the charges against him and offered an opportunity to make a plea (i.e., "guilty" or "not guilty"). If the servicemember intends to plead guilty, before a formal plea may be accepted the military judge must ensure that the servicemember understands what he is doing and is acting voluntarily. This is called a "providency inquiry." Civilian judges have the same requirement, although the military inquiry is typically more extensive and fact-specific regarding the offenses.
The Court Member Panel. Similar to civilian juries, court‑martial members are officers or enlisted persons from the same community or command (“jury of peers”) as the servicemember on trial. In civilian communities, serving on a court martial jury is a duty of citizenship, and local court officials will "summon" citizens to serve as jurors. In the military, the commander assigns members to serve as jurors, and that becomes their primary military duty.
Call a court martial attorney and military lawyer if you are accused of a military offense.
