Block VII - PreTrial - First half Flashcards
State basic facts about Summary Courts-Martial. (W)
Least severe CM.
Try enlisted for minor offense - not a federal conviction
SCM Participants:
Summary Court Martial Officer, Accused, Defense Counsel, Trial Counsel, if detailed
What is the DD Form 2329?
Record of Trial by Summary Court-Martial
Who are the SCM participants?
Summary Court Martial Officer: rights.
Accused
Defense Counsel
Trial Counsel, if detailed
What are some of the roles of the SCMO (Summary Court Martial Officer)?
Acts in a similar capacity to a judge in a GCM or SPCM
Examine Charge Sheet, allied papers, and avail personnel records of ACC before trial
Refers substantial changes to any docs to the CA (Convening Authority)
Holds preliminary proceeding and advises ACC of rights
Who can the SCMO be?
An active duty commissioned officer
Does not have to be an attorney, but may seek advice from an attorney on questions of the law.
State Summary Court Martial Procedures
SCMO (Summary Court Martial Officer examines charge sheet, allied papers and personal record of accused. Advises accused of rights outlined on DD Form 2329
Accused may object to SCM; SCMO annotates on 2329 and returns it to CA through the SJA
If accused does not object, SCMO proceeds with arraignment, hears evidence, and determines findings and sentence
Identify maximum punishments authorized in a trial by Summary Court-Martial (SCM). (W)
30 days confinement (E-4 and below)
45 days hard labor w/o confinement (E-4 and below)
Forfeiture of 2/3 pay for one month
Reduction
E-2 through E-4 à E-1
E-5 through E-9 à next lower pay grade
Restriction for two months (60 days)
Fine
Reprimand
State basic facts about Special Courts-Martial. (W)
Fairly severe in nature
More severe than Summary CM, but not more than GCM
For anyone subject to UCMJ
Who are the participants are in a SPCM?
Military Judge
Members – no less than 4 members on panel if requested by mbr
Court Reporter
Defense Counsel
Trial Counsel
Accused
Identify maximum punishments authorized in a trial by Special Court-Martial. (W)
Bad-conduct discharge (BCD) (enlisted only)
12 months confinement
Hard labor w/o confinement for 3 months (enlisted only)
Forfeiture 2/3 pay per month for 12 months
Reduction to E-1 (enlisted only)
Restriction for two months (60 days)
Fine
Reprimand
State basic facts about Special Courts-Martial by Military Judge Alone. (W)
- CA may refer offenses that are fairly severe in nature directly to SPCM by MJA if offenses committed on/after 1 Jan 19
- (Exception: unless offenses allege a penetrative sex offense)
- Accused may reject SPCM by MJA if:
- Specification requires sex offender notification under SECDEF regulations;
- Maximum punishment for the specification is greater than two years confinement
(Exception: Article 112a for use or possession of a controlled substance or attempt thereof. ACC cannot reject MJA)
Identify maximum punishments authorized in a trial by Special Court-Martial by Military Judge Alone. (W)
Confinement for six months (enlisted only)
Hard labor w/o confinement for three months (enlisted only)
Restriction for two months (60 days)
Forfeiture of two-thirds pay per month for six months
Reduction to E-1 (enlisted only) (ALL RANKS)
Fine
Reprimand
When can an accused opt-in to new rules
ACC can opt-in to new rules if all offenses were not committed on/or after 1 January
State basic facts about General Courts-Martial. (W)
Most severe cases
Applicable to anyone subject to UCMJ
Identify maximum punishments authorized in a trial by General Court-Martial. (W)
Death
Punitive discharge (Dismissal for officers; DD/BCD for enlisted)
Confinement for life (with or w/o parole)
Hard labor w/o confinement for 3 months (enlisted only)
Forfeiture of all pay and allowances
Reduction to E-1 (enlisted only)
Restriction for two months (60 days)
Fine
Reprimand
Who are the participants in a GCM?
Military Judge
Members – at least 8 voting mbrs (for non-capital) (at least 12 mbrs for capital (court pursuing death penalty))
Court Reporter
Defense Counsel
Trial Counsel
Accused (can request MJA)
Identify authorized forms of pretrial restraint. (W)
Conditions on Liberty – moral restraint
Restriction in lieu of arrest - moral restraint
Arrest – moral restraint
Pretrial Confinement
What are the four types of pretrial restraint?
Conditions on Liberty - ACC ordered to do/refrain from certain things
Restriction in lieu of arrest - ACC to remain w/in certain boundaries. Performs full mil duties
Arrest - Limits ACC liberties. May not be req’d to perform full mil duties
Pretrial Confinement -Physical restraint. Deprives ACC of freedom pending disposition of offenses
What do Conditions on Liberty do?
Conditions on Liberty - ACC ordered to do/refrain from certain things
What do Restriction in lieu of arrest do?
Restriction in lieu of arrest - ACC to remain w/in certain boundaries. Performs full mil duties
What does Arrest do?
Arrest - Limits ACC liberties. May not be req’d to perform full mil duties
What does pretrial confinement do?
Pretrial Confinement -Physical restraint. Deprives ACC of freedom pending disposition of offenses
Can pretrial restraint be ordered as punishment for a suspected commission of an offense?
No.
To impose pretrial restraint, what must there be a reasonable belief of?
An offense triable by a CM has been committed
The person to be restrained committed it
The restraint ordered is req’d by the circumstances
Who must be notified of the limits of pretrial restraint and who can terminate pretrial restraint any time prior to trial?
The ACC must be notified of the terms/limits of restraint.
The members CC can terminate PTR at any time prior to trial unless it is pretrial confinement (PTC, which has limitations).
What are the requirements for Pretrial Confinement?
An offense triable by CM has been committed
The person confined committed it
Confinement is req’d by the circumstances because either:
The ACC is a flight risk, and PTC is necessary to ensure their presence at trial and/or
the ACC is likely to engage in other foreseeable serious criminal misconduct
Who may place members in pretrial confinement?
Any commissioned officer may order an Enlisted mbr into PTC
Any CC in the chain of command of a commissioned officer can order them into PTC.
What form is used for when an ACC is placed into PTC?
DD Form 2707, Confinement Order
State step-by-step case processing requirements for individuals in pretrial confinement. (W)
ACC will be held in the base confinement facility or at a civ confinement facility
Notify ACC’s CC w/in 24 hrs if ordered into PTC by someone else. Inform CC of ACC name, alleged offense(s) and person ordering PTC.
48-hr probably cause determination:
To cont PTC: a neutral and detached officer (can be mbrs CC) must believe that an offense triable by CM has been committed. The person confined committed it. Confinement is req’d by the circumstances because it is foreseeable that the person confined will not appear at trial, pretrial hearing or investigation, the person will engage in other foreseeable serious misconduct and less severe forms of restraint are inadequate.
Must determine to retain or release ACC. The officer prepares a memo explaining recommendation and is forwarded to ACC CC (if it’s not already the ACC CC).
CC 72-Hr review:
The ACC’s CC must decide if PTC will cont. If not, the ACC is released
If so, the CC must prepare the memo explaining the four criteria having been met and is forwarded to the SPCMCA.
SPCMCA appoints a Pretrial Confinement Reviewing Officer (PCRO)
Pretrial Confinement Review:
PCRO has 7 calendar days from imposition of PTC to conduct a hearing & report their decision regarding cont’d PTC to the SPCMCA.
Regardless of release or continuing PTC, the PCRO verbally report their decision to the SPCMCA and provides a written report (memorandum) to the SPCMCA w/in 24hrs after verbal decision. A copy of the memo w/ attachments is provided to the confinement officer, the SJA, the ACC and the ACC DC.
Who can order the ACC released from PTC?
Any CC in the ACC’s chain of command and the PCRO can order them be released before referral of charges.
The military judge assigned to preside in the case can order the ACC to be released AFTER referral
State the purpose of a working case folder. (W)
Acts as a central consolidation point for documents regarding a specific case
Working copies go in the case folder
Separate folder for originals
Maintained by case paralegals
Who is usually placed on admin hold?
Airmen facing CM charges
Material witnesses
Airmen facing an Article 32
Identify military justice related administrative hold type codes associated with the administrative hold process. (W)
CM charges preferred or pending civilian charges, code 15
Key and essential witnesses, code 14
Commander directed hold f/ Airman facing Art 32 charges, code 21
Who is the admin hold authority for any Air Force mbr identified as a material witness for a CM, facing criminal charges or awaiting trial by CM or civ court for an offense in which the MCM authorizes confinement for a year or more?
The SJA
Who else can place a member on admin hold besides the SJA?
AFOSI, SF, and the members CC
How long does an assignment availability code limited to?
6 months without prior approval from AFPC
What AAC code/rule is used for a material witness?
Code 14, Rule 8
What AAC code/rule is used for an Airman under criminal charges and or awaiting trial by CM?
Code 15, Rule 9
What AAC code/rule is used for a member under investigation by SF or OSI?
Code 17, rule 11
What AAC code/rule is used for an Airman facing an Article 32?
Code 21
Rule 14 for officers
Rule 15 for Enlisted
Where are SIRs sent to and how?
SIRs are sent to HQ/AF (JAJM) and other authorities using appropriately marked emails.
When are updates made to SIRs?
After every significant event until final disposition.
(i.e. disposition of investigation, Article 15, admin action, preferral, Article 32, and referral).
Identify cases that require Special Interest Reports (SIRs). (W)
E-8+ (Officer, CMSgt, SMSgt (regardless of offense))
Serious Crimes (regardless of subject’s grade): Offenses resulting in death, sexual-related violations, domestic violence, fraternization and unprofessional relationships, prohibited activities with mil recruits or trainees by a person in a position of special trust
Any offenses deemed by MAJCOM/NAF requirements
and any offense that has Media or Command interest
When do you submit a SIR?
Prepared and forwarded w/in 24 hours of learning of incident
When significant events occur after initial reporting
Continued until final deposition (case is complete)
Where is the listing of offenses that require a SIR found?
AFI 51-201, Administration of Military Justice
Identify format and method for Special Interest Reports (SIRs). (W)
Create in AMJAMS
Retrieve from AMJAMS reports page
Save as PDF (with the proper naming convention)
Email report to AFLOA/JAJM
State basic facts about the procedures required in activating the Special Victim Investigation and Prosecution (SVIP) capabilities. (W)
If a Military Criminal Investigative Organization (MCIO) investigator receives a qualifying allegation and an investigation is initiated. The SJA and SVIP team must be notified within 24 hours of the allegation
When jurisdiction is received from local authorities or MCIO becomes primary investigator, activation of SVIP team occurs w/in 24 hrs.
After determining that an allegation meets the criteria of a special victim covered offense, the judge advocate will conduct a case consult w/ the investigator to obtain facts and circumstances and provide initial legal advice.
Case update consultations must occur bi-weekly thereafter
Who comprises the SVIP team?
At least one certified JA
At least one 7-lvl paralegal (PCC c/w)
VWAP personnel
Detailed Special Victims Unit - Circuit Trial Counsel (SVU-CTC)
Case agent or other investigator
State the purpose of a proof analysis. (W)
To provide a brief summary of key issues relating to a pending court
Used to analyze each element of an offense against the evidence
Helps narrow down evidence that proves each element
Identifies issues of admissibility and credibility of witnesses
Identifies potential defenses
Must have one in every case
It is a living document and must be updated at least monthly
Identify the format and basic contents of a proof analysis. (W)
Chart (preferred) or paragraph style
Attorney Work Product Statements
The charge(s) and specification(s)
Maximum punishment
Analysis (Bread & Butter)
Potential Witnesses
Maximum Punishment – cumulative
What is in the Analysis portion of a Proof Analysis?
- Elements from Part IV of the MCM and Military Judges Benchbook
- Evidence/Testimony supporting each element
- Defenses/Responses to the evidence
- Evidentiary needs/problems
- Sometimes a VIC doesn’t want to testify
In a Proof Analysis, what are some of the types of witnesses?
Findings witnesses (first half of trial trying to prove guilt)
Document witnesses (testify regarding particular documents). Can be an expert witness)
Sentencing witnesses. Witness can be anyone talking about the ACC character, rehabilitation of ACC, etc.
State basic facts about obtaining reports from other agencies. (W)
Proof analysis shows elements of alleged offense and documentary evidence and witnesses are used to satisfy those elements
Two primary investigative agencies f/ mil: OSI & SFOI (S2I)
If the investigative agency is civilian, they must be contacted w/ ID’ing info on ACC to obtain facts about incident.
Identify facts about requesting a pre-referral investigative subpoena from the military judge and General Court-Martial Convening Authority. (W)
Allows agency to request and obtain documents prior to referral
Does not extend to witnesses. DC may request the TC apply for it. Blanket authorizations not allowed
GCMCA (@ NAF) may delegate authority to a subordinate SPCMCA (@ Wing) in writing
Approval Authority – GCMCA/SPCMCA then Military Judge
If a qualified CC is not avail, TC shall contact the CDO to req. a MJ be assigned.
What will a subpoena consist of?
What is being searched for and where
Can the TC apply to a MJ or qualified CC for a subpoena before preferral and referral?
Yes under RCM, 309, 703(g)(3)(C) and Article 30a
Explain the process to obtain the documents for request under the Stored Communications Act. (W)
TC submits an Article 30a, Proceeding Request, via email to CDO, a MJ is assigned and an Article 30a hearing (recorded and transcribed) occurs to decide if subpoena is appropriate or not.
TC ensures that the record of proceedings is maintained on behalf of or by the appropriate CA or commander.
Who is the approval authority for a request under the Stored Communications Act?
The Military Judge rules on the request to find it acceptable or not
What is preferral of charges?
The formal procedure for making an accusation against an accused. The accuser (usually the mbrs CC) signs and swears to the charges and specifications.
What is referral?
The official stage whereby a charge sheet becomes an official court-martial is known as the “referral” of charges. Referral occurs when the highest competent authority, the General Court-Martial Convening Authority, after reviewing the allegation and Article 32(b) hearing report, decides to send it to court.
Identify basic facts regarding depositions. (W)
Types: Oral & Written
Transcribed or recorded on videotape, audiotape, or similar
Offered & presented during trial by side who requested it
Can be objected to
Who approves depositions?
After preferral - the CA
After referral - CA or MJ
Recall some items about drafting courts-martial charges and specifications
AF must have jurisdiction over both the accused and the offense in order to prosecute
All elements of the offense must be met by
Written in 3rd person
In that “RANK FIRST LAST, United States Air Force, 42d Communications Squadron, did, at or near Maxwell Air Force Base, Alabama”
When drafting multiple charges, how are they numbered?
Roman numberals (I, II, III, etc)
CHARGE I:
CHARGE II:
What form is the Charge Sheet?
DD Form 458, Charge Sheet
What is the charge sheet used for?
Formally charge an accused with the commission of an offense or offenses under the UCMJ
What are the sections of the Charge Sheet?
Part I - Personal Data
Part II - Charges and Specifications
Part III - Preferral (Accuser put under oath, JA who administered oath signs in the affidavit, ACC is informed of charges, 1st Ind is created w/ recommendation on type of court and retainment. Also has PDS, ROI, & other evidence. Routed to SPCMCA through SJA)
Part IV - Receipt by Summary Court Martial Convening Authority. (Tolls Statute of imitations. SPCMCA (or SJA if needed) receipts for charges
Part V - Referral, Service of Charges
If there is only one charge, what does it look like?
“CHARGE:”
When drafting multiple specifications, how are they numbered?
Using Arabic numerals (1, 2, 3, etc)
Specification 1:
Specification 2:
If there is only a single specification, how is it written?
Specification:
State simple facts about processing requests for discharge in lieu of trial by courts-martial (Chapter 4). (W)
Enlisted Mbr submits Chap 4 request and goes to SPCMA. (25 day goal timeline)
If the Article 32 report has been sent to the GCMCA, the SPCMCA can only recommend approval or denial and forward to GCMCA for decision
If Article 32 report has not been sent to GCMCA, the SPCMCA can Deny request OR recommend approval and send to GCMCA for final decision
State simple facts about processing Officer Resignation for the Good of the Service (RILO) requests. (W)
Officer submits RILO (60 day processing goal)
SECAF is the only one who can approve a RILO.
Before referral: Any level can deny (Wing, NAF, MAJCOM) on it’s way to SECAF for approval/denial
After referral: Wing, NAF, MAJCOM can only make a recommendation on approval or denial to SECAF
Determine step-by-step procedures of the Article 32, preliminary hearing process. (W)
SPCMCA appoints PHO (Preliminary Hearing Officer) →
PHO conducts hearing where TC and DC present evidence & witnesses →
No later than 24 hrs after hearing closes but no later than 5 days, TC, DC, SVC and victim’s may submit supplemental info f/ consideration →
The PHO report is created on DD Form 457 w/ any attach(s) and is sent to the SJA w/in 8 days of hearing close →
SJA provides report to CA who directed the hearing (usually SPCMCA) →
SPCMCA makes their decision from avail options. If SPCMCA recommends a GCM, they forward the Art 32 report, w/ attachments to GCMCA for disposition→
Upon receipt of Art 32 report at GCMCA level, the GCM SJA will review and prepare formal written advice
What are the recommendations the PHO makes regarding disposition of a case?
Refer the charges to GCM, SPCM, SPCM by MJA, or SCM
Dispose of as an Article 15
Dismiss all or part of charge(s)
What are the conclusions the PHO must make?
Probable cause the offense has been committed and the accused committed it
Convening authority has jurisdiction
Whether the charge(s) and specification(s) are in proper form
What options does the SPCMCA have when being forwarded the PHO report?
Dismiss all or part of the charge(s)
Forward to subordinate or superior CC for disposition
Refer charge(s) to SCM, SPCM, or SPCM by MJA
Direct further investigation
If the SPCMCA decides to recommend a GCM to the GCMCA, what is in the referral package?
SPCMCA’s recommendation for disposition
DD Form 458 (Charge Sheet) with 1st Ind and attachments
PHO’s appointment letter and Article 32 report, with attachments
List of court member nominees and member data
Explain the proper methods to distribute a preliminary hearing officer (PHO) report to the accused. (W)
Provide recording to victim and accused
Get receipt
Recall general principles regarding Victim and Government Supplementary submission of Article 32, preliminary hearing on an accused. (W)
No later than 24 hours after hearing closes, GR (the TC – Government Representative), DC, SVC, and any named victim may submit supplemental information for the PHO’s consideration
Recall general principles regarding pretrial advice. (W)
Upon receipt of the Article 32 report the pretrial advice is created by the GCM SJA
Written & req’d for all GCMs.
It is from the GCM SJA to the GCMCA. GCM SJA must sign personally unless DQ’d
If it goes to a GCM a copy provided to DC and ACC
What are some of the conclusions made by the GCM SJA?
Conclusion with respect to whether each specification alleges an offense under the UCMJ
Conclusion with respect to whether each specification is warranted by the evidence indicated in the Article 32 report
Conclusion with respect to whether a court-martial would have jurisdiction over the accused and the offense
Recommendation of the action to be taken by the GCMCA
Determine step-by-step procedures for drafting pretrial advice. (W)
Can be prepared by another member of GCM SJA staff
GCM SJA must personally sign, unless disqualified
Copy given to DC and accused
What are the GCMCA’s options regarding a decision based off pretrial advice?
Dismiss all or part of the charge(s)
Forward to subordinate or superior CC for disposition
Convene SCM, SPCM, SPCM by MJA, or GCM
Direct further investigation
Recall general principles regarding court-martial member selection procedures. (W)
- GCM & SPCM: the accused can request panel member
- At least one-third of the panel must be enlisted and can be from the same unit
- SJA prepares proposed member list
- Convening authority selects the members
- SPCMCA for SPCM
- GCMCA for GCM
- Panel selected based on best qualified IAW Art 25
- Age
- Education
- Training
- Experience
- Length of service
- Judicial temperament
State the legal qorum amounts for SPCM and GCM’s
- Legal Quorum for SPCM – 4 members (FIXED NUMBER)
- Legal Quorum for GCM – 8 members (after impanelment trial may proceed with 6 members) (FIXED NUMBER).
State the 3 options the CA has regarding alternate members.
Alternate Members ( CA has 3 options)
No alternates
CA can authorize a specific #, OR
CA can authorize if excess members remain after challenges
What are the Special Order Number designations?
Special Order A - GCM
Special Order AB - SPCM
Special Order AC - SCM
Special Order AD - SPCM by MJ Alone
What are the statutory waiting periods to be tried once they have been served charges for an SPCM or GCM?
SPCM – 3 days after service of charges
GCM – 5 days after service of charges
Who can sign Part V Referral, Service of Charges on the DD Form 458 (Charge Sheet).
For an SPCM: The CA (Wg/CC) or the SJA
For a GCM: The CA (GCMCA) or the GCM SJA
What changes on the DD Form 458 (Charge Sheet) if a SJA or GCM SJA signs for the CA?
If someone other than CA is signing →
place “XX” over the “By” and “of” and put “FOR THE COMMANDER” on the “Command or Order” line. Then fill in the correct information for the SJA
Determine step-by-step procedures for court-martial member replacement/excusal. (W)
CA may excuse members as necessary - Up to entire panel
CA may delegate authority to excuse members to SJA. SJA may not excuse more than 1/3
Amendment is used. Can only amend an original convening order two times and each amendment must have the savings clause.
The amending order must cite all orders amending the convening order
What must be included in a newly published convening order if two amendments have been made?
Transfers untried cases from old court to new court
Cite all amending orders
Include savings clause
What is the most common reason for amending a convening order?
An Enlisted ACC asks for a panel that includes enlisted members
What is the distribution list for a GCM & SPCM?
Each individual
Each organization/CC
Central Docketing Office
GCMCA/JA (office symbol)
Base level/JA (office symbol)
ANGRC/JA (Air National Guard cases only)
What is the distribution list for Distribution list for SPCM by Military Judge Alone?
Central Docketing Office
GCMCA/JA (office symbol)
Base level/JA (office symbol)
ANGRC/JA (Air National Guard cases only)
What is the distribution list for SCM?
SCM Officer
GCMCA/JA (office symbol)
Base level/JA (office symbol)
ANGRC/JA (Air National Guard cases only)
What does the CDO (Central Docketing Office) do?
Detail Military Judge
Schedule Trial Date
Maintains docket for all pending C-M cases that judges are detailed/assigned to
Restate basic facts about docketing procedures for Air Force courts-martial cases. (W)
Uniform Rules of Practice govern what is required to provide the CDO
notify CDO and email with corresponding documents for required items. (pg 64 SG)
When requesting trial date, both sides hopefully come to agreement on date. If not, it goes to a docketing conference
CDO sends confirmation memo to all parties, including MJ. MJ holds scheduling conference that lays out expectations from current date until trial
What is a docketing conference used for?
Used if parties cannot agree on trial date or bifurication.
All parties will submit week-by-week breakdown of their schedule.
Explain the proper methods for notifying trial participants. (W)
Notify via email with the convening order attached, follow up with phone call
Explain procedures and expectations for reporting on the day of court (service dress). Do not divulge details of the court
Contact day prior to court start date (follow-up call) as a reminder
Explain the information to provide to court-martial panel members. (W)
Explain procedures and expectations for reporting on the day of court (service dress).
Telephone standby on starting day of trial
Cite examples of items covered when briefing a bailiff on their responsibilities during courts-martial. (W)
Says “All rise” when MJ & members enter/exit courtroom
Assists members and officers of the court
Secures evidence
Keeps spectators quiet
Ensures no cameras, recorders, cell phones, beepers, etc.
Retrieves witnesses
Retrieves members
Passes messages between members and MJ
Recall the differences between intra-command and inter-command witness funding responsibility. (W)
Intra-command - In the same MAJCOM where CM is convened
Inter-command - In a MAJCOM other than where the CM is convened
Who does the CA fund?
Intra-command witnesses
Non-DoD civilians
Pretrial Hearings (Article 32, deposition, etc)*
*For travel relating to pretrial proceedings, the SPCMCA is responsible for all funding, independent of their status
Who does the HQ/AF (JAJM) fund?
Inter-command witnesses (GCM and SPCM)
Urinalysis Experts (DoD and Non-DoD)
Done through WFMS
Must submit witness request within 10 days of trial
Identify basic facts about preparing travel orders and payment vouchers for military, DoD civilian, and civilian witnesses in the Defense Travel System (DTS). (W)
Ensure all receipts 75$+ are provided to CP (for lodging, rental car, airfare (personally obtained), and any non-meal costs)
Generate DD Form 1351-2, Travel Voucher or Sub-voucher (within 5 duty days of completing travel)
Upload to DTS and submit voucher
Proper approval authority process the payment
Payment is made direct deposit to the witnesses bank account
What is “cross-org”
Providing the military mbr or DoD civ w/ the fund cite
The fund cite is the location (or pot of money) from which funds are being drawn.
Identify how to process a witness request for approval or disapproval. (W)
TC responsible for obtaining all witnesses. Ensure military witnesses are on hold
Submits up to the CA for approve/disapproval
Outline the responsibilities for coordinating witness travel arrangements. (W)
Keep all witnesses informed on trial dates, travel, etc.
For Mil/DoD-Civ: providing fund-cite and any additional information needed such as lodging costs, etc.
For civ/experts: Get required information to build their DTS profiles and creating their orders.
State witness funding authority and limits for expert witnesses. (W)
Expert can be requested by TC or DC and is authorized by the CA.
Paid for by CA funds except urinalysis experts are paid f/ by JAJM
Identify when and why an expert witness Memorandum of Agreement (MOA) is required. (W)
Sets forth terms of employment
Indicates whether expert is f/ gov or def
Explains methods of reimbursement to expert
Signed by SJA/TC (if delegated) or the CA and Expert Witness
Identify individuals authorized to subpoena witnesses post referral. (W)
TC may subpoena non-DoD civilian witnesses for SPCM/GCM
SCMO for SCM
Recall the form used to subpoena witnesses within the Air Force. (W)
DD Form 453, Subpoena
(Think 453, come get me)
Who delivers the subpoena in formal service?
someone from legal office, or Security Forces, or AFOSI
Local law enforcement can assist in serving.
If the witness not w/in the local area: Subpoena is mailed, in duplicate, to Wg/CC of mil installation nearest w/ request for assistance.
Recall procedures for informal service of subpoena
Mail out original + one copy
Include postage-paid envelope w/ return address (usually the TC or SCMO’s address)
Include written request f/ witness to sign/return the copy. Also include voluntary compliance w/ request doesn’t preclude payment of any witness and/or mileage fees due to them.
What form is the PHO report on?
DD Form 457
