RCMS: Court-Martial Composition and Personnel; Convening Courts-Martial

Question 1

What are the two types of General Courts-Martial?

Answer 1

Capital and non-capital.

Question 2

How many members does a non-capital General Court-Martial have?

Answer 2

Eight members.

Question 3

How many members does a capital General Court-Martial have?

Answer 3

Twelve members.

Question 4

Can you have a judge-alone GCM?

Answer 4

Yes

Question 5

When can you have fewer than eight members at a GCM?

Answer 5

If after impanelment, the members are reduced due to challenges or excusals.

Question 6

What are the two types of Special Court-Martial?

Answer 6

A normal, four-member special court-martial; or

A “short martial” under Art. 16(c)(2)(A).

Question 7

How many members does a Special Court-Martial have?

Answer 7

Four members

Question 8

How many members does a “short-martial” have?

Answer 8

None. It is judge alone.

Question 9

What type of members can sit on a court-martial of a commissioned officer?

Answer 9

Only other commissioned officers.

Question 10

What kind of members can sit on the panel of a warrant officer?

Answer 10

Only other warrant officers or commissioned officers.

Question 11

What kinds of members can sit on the panel of an enlisted person?

Answer 11

All types, enlisted, officers, or warrant officers.

Question 12

How long may a person sit as a military judge?

Answer 12

Not less than three years.

Question 13

Who is the president of the members of a court-martial panel?

Answer 13

The highest ranking officer.

Question 14

What is the next step after a trial counsel receives referred charges?

Answer 14

He should cause a copy of the charges to be served on the accused.

Question 15

What is a trial counsel prohibited from alluding to during trial?

Answer 15

Evidence that has not yet been admitted or which is not reasonably expected to be admitted as evidence.

Question 16

May the trial counsel discuss the views of the convening authority to the members or the judge?

Answer 16

No. The trial counsel cannot discuss the views of the convening authority to the members or the judge.

Question 17

After trial, what are the duties of the trial counsel?

Answer 17

The trial counsel must serve on the convening authority, the accused’s immediate commander, and the officer of the confinement facility (if necessary) the Statement of Trial Results.

Question 18

If an accused wishes to retain civilian defense counsel, should the detailed defense counsel wait to begin preparing the defense?

Answer 18

No, unless the accused specifically requests.

Question 19

If the accused is found guilty and is sentenced to confinement, what must defense counsel advise the client of?

Answer 19

The accused’s right to request the convening authority to defer service of sentence to confinement and assist the accused in making the request if they so choose to make one.
The accused’s right to submit matters to the convening authority.

Question 20

After trial, is the submission of matters to the convening authority mandatory or discretionary?

Answer 20

Discretionary.

Question 21

What must a defense counsel do after an accused is convicted?

Answer 21

Explain to the accused the rights to appellate review that apply in the case.
Explain the consequences of a waiver of appellate review.

Question 22

What should you do when you discover that a person detailed to a court-martial is not qualified or lacks the qualifications specified under the RCMs?

Answer 22

Cause a report to be made before the court-martial is first in session to the convening authority or, to the military judge if discovered later.

Question 23

When can the military judge impanel alternate members?

Answer 23

Only when authorized to do so by the convening authority.

Question 24

What kind of requests can an enlisted accused make in regards to the makeup of a court-martial panel?

Answer 24

The accused may request that the board be made up entirely of commissioned officers; OR
That at least one-third of the members be enlisted.

Question 25

Must the accused’s request regarding membership of the panel be affirmed?

Answer 25

Yes, unless physical or military exigencies prevent it.

Question 26

If the members of the panel cannot be as requested by the accused due to exigencies, what must occur?

Answer 26

The convening authority must make a written report explaining why.

Question 27

When does an accused make their request for all-officer or one-third enlisted membership of a panel?

Answer 27

Before assembly of the members.

Question 28

What persons can be detailed to courts-martial by a convening authority?

Answer 28

Persons under that convening authority’s command; or
Persons made available to the convening authority by their respective commander, even if those persons are from a different armed force from the CA or the accused.

Question 29

Must members of a court-martial be members of the same service as the accused?

Answer 29

They are not required, but they should be if possible.

Question 30

In a court-martial where the members of the panel are from two or more service branches, what proportion of the members should be from the accused’s branch?

Answer 30

A majority, unless it is impractical and does not cause manifest injury to the service.

Question 31

Who details judges to courts-martial?

Answer 31

The circuit judge of the circuit in which the judges sit.

Question 32

What is a circuit judge?

Answer 32

The senior military judge in a particular military circuit. They are in charge of the administrative side of the trial judiciary in addition to their trial responsibilities.

Question 33

May a military judge of one branch sit as a judge in a court-martial of a different branch?

Answer 33

Yes, if authorized by regulations of the Secretary of the branch of which the judge is a member.

Question 34

May counsel from one service branch serve as counsel in a court-martial convened by another branch?

Answer 34

Yes, if authorized by the Secretary of the service of which the counsel is a part.

Question 35

What convenes a court-martial?

Answer 35

A convening order.

Question 36

Can the power to convene courts-martial be delegated?

Answer 36

No.

Question 37

Who can change the members detailed to a court-martial?

Answer 37

The convening authority or their delegate.

Question 38

When must the convening authority or their delegate show cause in order to change the members of the court-martial?

Answer 38

After the members have been assembled.

Question 39

How many members of a court-martial can be changed by a convening authority?

Answer 39

All of them.

Question 40

How many members of a court-martial can be changed by a convening authority’s delegate?

Answer 40

Up to one-third.

Question 41

When can a convening authority’s delegate change excuse members after they have been assembled?

Answer 41

Never.

Question 42

Must the senior trail counsel show good cause before they change the trial counsel on a case?

Answer 42

No.

Question 43

When does the senior defense counsel have to show good cause before they can change detailed defense counsel?

Answer 43

Only after the attorney-client relationship has been formed.

Question 44

How many military attorneys does an accused have the right to at a court-martial?

Answer 44

Only one.

Question 45

When can an accused be represented by more than one military counsel?

Answer 45

At a capital general courts-martial.

Question 46

What is the process for requesting individual military counsel?

Answer 46

The detailed defense counsel will request IMC from the convening authority through the trial counsel.

Question 47

What happens to detailed defense counsel if an accused requests IMC?

Answer 47

Typically they are excused, but they can be retained as associate counsel if the accused so requests and the authority detailing the defense counsel approves.

Question 48

Can an accused represent themselves in the military justice system?

Answer 48

Yes