, 35788-35789 [X15-60622]

Download as PDF 35788 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents martial would have jurisdiction over the offense( s) and the accused; to consider the form of the charge(s); and to recommend the disposition that should be made of the charge(s). Failure to comply with this rule shall have no effect on the disposition of the charge(s) if the charge(s) is not referred to a general court-martial. (b) Earlier preliminary hearing. If a preliminary hearing of the subject matter of an offense has been conducted before the accused is charged with an offense, and the accused was present at the preliminary hearing and afforded the rights to counsel, cross-examination, and presentation of evidence required by this rule, no further preliminary hearing is required. (c) Who may direct a preliminary hearing. Unless prohibited by regulations of the Secretary concerned, a preliminary hearing may be directed under this rule by any court-martial convening authority. That authority may also give procedural instructions not inconsistent with these rules. (d) Personnel. (1) Preliminary hearing officer. Whenever practicable, the convening authority directing a preliminary hearing under this rule shall detail an impartial judge advocate certified under Article 27(b), not the accuser, as a preliminary hearing officer, who shall conduct the preliminary hearing and make a report that addresses whether there is probable cause to believe that an offense-or offenses have been committed and that the accused committed the offense(s); whether a court-martial would have jurisdiction over the offense(s) and the accused; the form of the charges(s); and a recommendation as to the disposition of the charge(s). When the appointment of a judge advocate as the preliminary hearing officer is ┬Ěnot practicable, or in exceptional circumstances in which the; interest of justice warrants, the convening authority directing the preliminary hearing may detail an impartial commissioned VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.028</GPH> tkelley on DSK3SPTVN1PROD with E0 officer, who is not the accuser, as the preliminary hearing officer. If the preliminary hearing Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents officer is not a judge advocate, an impartial judge advocate certified under Article 27(b) ~hall 35789 be available to provide legal advice to the preliminary hearing officer. When practicable, the preliminary hearing officer shall be equal or senior in grade to the military counsel detailed to represent the accused and the government at the preliminary hearing. The Secretary concerned may prescribe additional limitations on the appointment of preliminary hearing officers. The preliminary hearing officer shall not depart from an impartial role and become an advocate for either side. The preliminary hearing officer is disqualified to act later in the same case in any other capacity. (2) Counsel to represent the United States. A judge advocate, not the accuser, shall serve as counsel to represent the United States, and shall present evidence on behalf of the government relevant to the limited scope and purpose of the preliminary hearing as set forth in subsection (a) of this rule. (3) Defense counsel. (A) Detailed counsel. Except as provided in subsection (d)(3)(B) of this rule, military counsel certified in accordance with Article 27(b) shall be detailed to represent the accused. (B) Individual military counsel. The accused may request to be represented by individual military ccii.msel. Such requests shall be acted on in accordance with R.C.M. 506(b). (C) Civilian counsel. The accused may be represented by civilian counsel at no expense to the United States. Upon request, the accused is entitled to a reasonable time to obtain civilian counsel and to have such counsel present for the preliminary hearing. However, the preliminary hearing shall not be unduly delayed for this purpose. Representation by civilian counsel shall not VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.029</GPH> tkelley on DSK3SPTVN1PROD with E0 limit the rights to military counsel under subsections (d)(3)(A) and (B) of this rule.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35788-35789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-60622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.028


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