reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-25 - Setting aside

Current through June, 2024
The commander may "set aside" non-judicial punishment when it
				  is clear that an injustice has occurred, in which case all rights and
				  privileges shall be returned to the member. This type of action would be
				  necessary in a case where the receipt of previously unknown information
				  convinces the commanding officer that the member is not guilty of an offense
				  for which punishment has been imposed. If the non-judicial punishmentaction is
				  set aside, all records of the proceeding shall be destroyed.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-26 - Disposition of AGHI forms SJAG 1 and 1a

Current through June, 2024
Copies of written statements or other documentary evidence
				  pertaining to the case which has been considered by the commanding officer
				  imposing the non-judicial punishment or the commanding officer on appeal shall
				  be attached to the AGHI form SJAG 1. The AGHI form SJAG 1 a which has been
				  completed by the member shall also be attached to it. Copies of the package may
				  be made for distribution.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-27 - Distribution of Forms

Current through June, 2024
(a) The original copy of the forms in section
				7-2-26 shall be sent to
				the unit of assignment for filing in the military personnel records of the
				member, which shall be maintained in the same manner and for the same period as
				non-judicial punishment actions under the Uniform Code of Military Justice as
				it existed on 1 July 1988. If the case is appealed, this set of forms shall be
				forwarded with the appeal.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-28 - Right of appeal

Current through June, 2024
Every member who receives non-judicial punishment shall have
				  the right to appeal. This right does not conflict with the member's "consent"
				  to the non-judicial punishment proceedings. The member's consent is merely a
				  waiver of the right to demand trial by court-martial and not an admission of
				  guilt. Upon appeal, the next superior commanding officer may set aside the
				  non-judicial punishment action or may approve or reduce, but not increase, the
				  punishment imposed by the member's commanding officer. Appeals shall be handled
				  promptly.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-29 - Election to appeal

Current through June, 2024
The commanding officer who imposes non-judicial punishment
				  shall advise the member of the right to appeal (see Annex 6, Part III). The
				  commanding officer shall direct the member to state whether the member is
				  appealing at that time, and to record the decision in Part II of the AGHI Form
				  SJAG 1 a. If the member fails to appeal at the time the member is advised of
				  the right to appeal, the member may not appeal, unless the commanding officer
				  allows additional time not to exceed three duty days, for the member to decide.
				  If the selection to appeal is made at that time, the commanding officer may
				  require the member to undergo the punishment imposed or may defer the
				  punishment pending the outcome of the appeal.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-30 - Submission of appeal

Current through June, 2024
Materials relied on in support of an appeal shall be
				  submitted in writing to the commanding officer who imposed non-judicial
				  punishment within a reasonable time after the imposition of punishment. These
				  materials, for example, may be written statements dealing with the offense or
				  with the inappropriateness of the punishment.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-31 - Forwarding the appeal

Current through June, 2024
The commanding officer who initially imposed the non-judicial
				  punishment may rebut in writing any statement furnished by the member, and
				  shall transmit the file to the next superior commanding officer for action on
				  the appeal.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-32 - Action by reviewing authority

Current through June, 2024
(a) The commanding
				officer receiving the appeal shall refer the appeal to the designated judge
				advocate for consideration and advice. The commanding officer shall then
				consider the advice received, all matters submitted by the member and, if
				warranted, may set aside the action, modify the punishment, or affirm the
				non-judicial punishment action.
(b)
				If the commanding officer sets aside the non-judicial punishment action, the
				commanding officer shall return the appeal to the commanding officer who
				imposed punishment together with the decision. Upon receipt of that decision,
				the commanding officer who imposed punishment shall destroy all local records
				of the proceeding.
(c) If the
				commanding officer affirms the action, whether or not the punishment is
				modified, the commanding officer shall return the appeal together with the
				decision and appropriate instructions.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-33 - Announcement of results

Current through June, 2024
A commanding officer may announce at unit formations and
				  through other appropriate means the final disposition of any case involving the
				  non-judicial punishment of members of the commanding officer's command,
				  including action taken on a previously imposed non-judicial punishment. Any
				  announcement of non-judicial punishment actions (including termination by
				  reason of innocence) is discretionary with the officer who initiated the
				  proceedings. The impact on unit morale and the impairment to job or leadership
				  effectiveness of the individual concerned shall be considered when deciding
				  whether to announce the disposition.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-34 - Vacating suspensions

Current through June, 2024
The suspension of imposition of non-judicial punishment may
				  be vacated by any commanding officer or officer in charge competent to impose
				  upon the offender concerned, punishment of the kind and amount involved in the
				  vacation of suspension. Although formal proceedings shall not be necessary to
				  vacate a suspension of non-judicial punishment, the offender shall be given a
				  meaningful opportunity to rebut or explain the information upon which the
				  proposed vacation is based.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-1 - Objective of the system

Current through June, 2024
The impartial application of chapter
				  124A, HRS, and the courts-martial
				  system to all law violators is intended to achieve justice. The principles of
				  law recognized in criminal cases in the courts of the State of Hawaii shall be
				  used by the state military forces in the administration of military justice.
				  The objective of chapter
				  124A, HRS and the court-martial
				  system it establishes is to create a system of prohibitions, penalties, and
				  correctional measures to deal with conduct that threatens good order,
				  discipline, and safety in the state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-2 - The courts-martial system

Current through June, 2024
(a) Chapters 7-3 to
				7-7 deal with general, special and summary courts-martial. The maximum
				punishments which may be imposed by courts-martial shall be as provided in the
				exhibit entitled "Annex 9" dated 1 November 1984, located at the end of this
				subtitle, which is made a part of this section. An accused person shall not be
				tried by summary court-martial over the accused's objection unless the accused
				has been permitted to refuse punishment under section
				124A-21,
				HRS. Section 7-5-3 sets out the convening authority's options if the accused
				refuses trial by summary court-martial.
(b) The procedures for establishing and
				conducting summary, special, and general courts-martial (including making
				necessary modifications to the charge sheet) may be substantially those used by
				the federal military services.
(c)
				A law officer shall be detailed for a general court-martial as provided in
				section
				124A-45,
				HRS, and the appointment of the president of a special court-martial shall be
				subject to the requirements of section
				124A-44(f),
				HRS.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-4 - Reviews

Current through June, 2024
Upon conclusion of a court-martial, the authenticated record
				  of trial shall be prepared and forwarded by the trial counsel to the convening
				  authority. Upon receipt by the convening authority, the convening authority
				  shall refer it to the designated staff judge advocate, legal officer, or law
				  specialist for a written review. Upon receipt of that review, the convening
				  authority shall take appropriate action. Other review requirements shall be as
				  provided in section
				  124A-97,
				  HRS.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-5 - Recognizing criminal conduct

Current through June, 2024
An act for which the law provides a penalty is an "offense".
				  In the state military forces, chapter
				  124A, HRS, and chapter 7-9 set out
				  the types of conduct for which a member may legally be punished. Any question
				  as to whether specific conduct constitutes a violation of the penal provisions
				  of chapter
				  124A, HRS shall be resolved by
				  contacting the office of the appropriate staff judge advocate, as a member's
				  conduct may be substandard or personally offensive without being an
				  offense.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-7 - Self-incrimination and right to counsel

Current through June, 2024
Rights against self incrimination shall be, as provided in
				  section
				  124A-52,
				  HRS. Any member suspected of having committed an offense of which the member's
				  commanding officer is contemplating court-martial proceedings shall have the
				  right to consult with a lawyer.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-8 - Appointment of legal personnel

Current through June, 2024
At a special or general court-martial the trial counsel
				  represents the State of Hawaii and the defense counsel represents the accused.
				  Before the special or general court-martial is detailed, the convening
				  authority shall contact the office of the designated staff judge advocate for a
				  list of personnel available for detail as law officer (for general
				  court-martial only), trial counsel, and defense counsel. The convening
				  authority shall appoint a law officer, trial counsel, defense counsel, and
				  alternates as necessary from the list.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-9 - Sources of information

Current through June, 2024
A commanding officer may receive information from many
				  sources that an offense has allegedly been committed by a member under the
				  command of the commanding officer. For example:
(1) The commanding officer may witness an
				alleged offense;
(2) Someone within
				the unit may report an alleged offense;
(3) A report of investigation may bring the
				alleged offense to the commanding officer's attention; or
(4) A higher headquarters may forward a
				report for action. When a superior commanding officer asks that an allegation
				be investigated and the disposition reported, the request shall not be
				construed or interpreted as a directive to take disciplinary action. This
				section shall be read in conjunction with section
				7-3-10(c).
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 3 - THE COURTS-MARTIAL SYSTEM › Section 7-3-10 - Command responsibilities

Current through June, 2024
(a) Regardless of
				how the commanding officer learns of an alleged offense, the commanding officer
				shall insure that the matter is promptly and adequately investigated so that
				the commanding officer will have sufficient information to make an intelligent
				and appropriate disposition of the allegation.
(b) Once the preliminary investigation is
				completed, the commanding officer shall decide to:
(1) Take no action;
(2) Take or recommend administrative
				action;
(3) Initiate or recommend
				nonjudicial punishment under section
				124A-21,
				HRS; or
(4) Initiate court-martial
				action against the accused.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-1 - Charge sheet generally

Current through June, 2024
(a) The charge
				sheet is the basic document for court-martial action. In preparing charges for
				trial by court-martial, the AGHI Form SJAG 2 (Charge Sheet) shall be used. This
				form may be prepared in an original only, which shall be forwarded to the
				convening authority. After all necessary information is entered by the
				convening authority, copies of the charge sheet shall be made for use by trial
				personnel.
(b) Preparation of the
				charge sheet is the most critical step prior to referral of the case for trial
				and shall not be accomplished without the assistance of a legal officer or
				judge advocate, unless none are available. Once the charges and specifications
				have been prepared and signed under oath, the charge sheet shall not be altered
				unless ordered by a judge advocate or legal officer.
(c) The exhibit entitled "Annex 10" dated 1
				November 1984, located at the end of this subtitle is a sample charge sheet
				with instructions.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-2 - Personal data

Current through June, 2024
The first one-third of the first page of the charge sheet
				  contains personal information concerning the accused. The accused's "grade" or
				  "rank" is the accused's military title (for example, "PFC") and "pay grade" is
				  the alphabetical and numerical designation (for example, "E-3"). "Home address"
				  means the last known home address of the accused as shown on the records of the
				  unit. The initial date of the accused's current service shall be the date of
				  latest enlistment. All other military service shall be recorded in the section
				  entitled "Prior Service".
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-3 - Witnesses

Current through June, 2024
The name and address (military unit or organization, if any,
				  and home address) of all known prospective witnesses shall be listed on the
				  charge sheet under "Data as to Witnesses". All witnesses shall be shown as
				  witnesses for the "prosecution" unless the witness is one whom the accused has
				  requested by name to give a statement or to be available to testify at the
				  trial.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-4 - Documents and objects

Current through June, 2024
The commanding officer shall list all known documents or
				  objects which are items of evidence. A clear identification of the item shall
				  be given with the current location of the item. This section shall be subject
				  to the conditions set forth in section
				  7-4-12.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-5 - Data as to restraint

Current through June, 2024
The charge sheet shall include data regarding an restraint
				  imposed pursuant to section
				  7-5-1.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-6 - Charges and specifications

Current through June, 2024
(a) The most
				important part of the charge sheet is the page which contains the charges and
				specifications. The "charge" shall indicate the section of chapter
				124A, HRS, which is alleged to have
				been violated. The "specification" under the charge shall state the facts and
				circumstances which constitute a violation of that section. There may be more
				than one specification under a single charge and more than one charge on a
				charge sheet. The charges and specifications shall be written so that they
				clearly advise the accused of the date, time, place, and circumstances of each
				alleged offense. The servicing judge advocate may be consulted prior to
				drafting the charges and specifications. Defective charges or specifications
				may result in dismissal of the case.
(b) The exhibit entitled "Annex 11" dated 1
				November 1984, located at the end of this subtitle contains sample charges and
				specifications for some of the more common offenses. Particular care shall be
				exercised to insure that charges and specifications are legally and technically
				correct. Appendix 6 of the Manual for Courts-Martial, United States, contains
				sample charges and specifications for all offenses as well as instructions for
				their preparation.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-7 - Preferral of charges

Current through June, 2024
Any person subject to chapter
				  124A, HRS, may be an accuser. The
				  signing of charges shall be done in the presence of a commissioned officer
				  authorized to administer oaths under section
				  124A-162,
				  HRS or any notary public of the State. All officers of the state military
				  forces may administer oaths for the purpose of military administration and
				  military justice when they are in a duty status. The accuser shall take the
				  oath described in item twenty-three of the charge sheet.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-8 - Reading charges to the accused

Current through June, 2024
After the charges have been preferred, the commanding officer
				  or a representative shall read the charges and specifications to the accused.
				  The accused shall be advised of all rights through the use of AGHI Form SJAG
				  2a, a copy of which is set forth in the exhibit entitled "Annex 12", dated 1
				  November 1984, located at the end of this subtitle. The accused shall sign the
				  form. The commanding officer or representative shall complete the certificate
				  in item twenty-four of the charge sheet. If the accused is not immediately
				  available, processing of the charge sheet may continue and the requirements of
				  this section met at a later time.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-9 - Nonjudicial punishment

Current through June, 2024
The commanding officer shall complete items twenty-eight to
				  thirty of the charge sheet as to all offenses charged in item
				  twenty.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-10 - Letter of transmittal

Current through June, 2024
The letter of transmittal is the form used to forward the
				  charge sheets and allied papers to the court-martial convening authority. This
				  letter contains information about the accused and the commanding officer's
				  specific recommendation for disposition of the charges. The commanding officer
				  shall consider that charges against an accused shall be tried by the lowest
				  court which has the power to adjudge an appropriate and adequate punishment. A
				  sample letter of transmittal is contained in the exhibit entitled "Annex 13"
				  dated 1 November 1984, located at the end of this subtitle.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-11 - Inclosures

Current through June, 2024
Certain allied papers shall be prepared and forwarded with
				  the charge sheet; they are:
(1)
				Reports prepared by military police or investigators, if available;
(2) Copies of all available witness
				statements, sworn or unsworn, and summaries of expected testimony of witnesses
				whose statements are not available;
(3) Available records of all previous
				court-martial actions known to have been taken against the accused under
				chapter
				124A, HRS, and the Uniform Code of
				Military Justice;
(4) Copies of
				documentary evidence and descriptions of physical evidence.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-12 - Original documents and physical evidence

Current through June, 2024
In order to safeguard documentary evidence, originals of
				  documents shall not be forwarded with the charge sheet nor shall physical
				  evidence be forwarded. Information as to the location of original documentary
				  and physical evidence shall be shown on the charge sheet in the section
				  entitled "Documents and Objects".
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-13 - Time limits

Current through June, 2024
The prompt disposition of charges is essential to an
				  efficient system of military justice. The following are recommendations for
				  avoiding delays in the processing of court-martial charges:
(1) Investigate an incident as soon as it
				becomes known;
(2) Do not allow a
				case to remain in the unit because of pressure of other duties;
(3) Hand carry or mail by certified mail all
				court-martial files to higher headquarters;
(4) At any stage of the proceeding, the
				commanding officer may consult a staff judge advocate for advice if the
				commanding officer has any questions or doubts.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-14 - Action upon receipt or initiation of charges by convening authority

Current through June, 2024
Upon receipt of a completed charge sheet and allied papers,
				  or upon initiating charges, the convening authority shall complete and sign the
				  receipt of charges, item twenty-five of the charge sheet. The convening
				  authority shall then decide whether the charges warrant trial by court-martial.
				  If the convening authority concludes that trial by special or general
				  court-martial is appropriate, and the convening authority is not authorized to
				  convene those courts, the charge sheet and allied papers shall be forwarded to
				  the next higher convening authority with recommendations as to disposition.
				  Upon receipt of the charges, the special or general court-martial convening
				  authority shall proceed in accordance with chapter
				  124A, HRS, this subtitle, and the
				  Manual for Courts-Martial, United States, it existed on 1 July
				  1988.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-15 - Action when charges are to be referred for trial

Current through June, 2024
(a) The
				convening authority shall contact the state judge advocate for the case number
				to be inserted in item thirty-one. Case numbers shall be assigned in numerical
				sequence, using the year and consecutive numbering (for example, 1983-1,
				1983-2, 1983-3, etc.) and start anew each year.
(b) The convening authority shall then
				contact the office of the appropriate judge advocate to obtain a law officer,
				trial and defense counsel, as required, to conduct the court-martial.
(c) Upon selection of any law officer, trial
				counsel and defense counsel (military or civilian), the convening authority
				shall publish orders appointing the military personnel to serve in their
				respective capacities. A sample order is contained in the exhibit entitled
				"Annex 14" dated 1 November 1984, located at the end of this
				subtitle.
(d) The convening
				authority shall then complete item twenty-six. This action refers the charges
				to the previously appointed court-martial for trial.
(e) The convening authority shall notify the
				accused of the name, address and phone numbers of the assigned military defense
				counsel.
(f) If the accused waives
				right to military counsel, the accused shall do so in writing. The convening
				authority shall then notify the office of the appropriate staff judge advocate
				in order to release the military defense counsel for other
				assignment.
(g) Block twenty-seven
				shall not be completed in the case of a summary court-martial. In all other
				cases it shall be accom-plished and completed by the trial counsel.
(h) The "Record of Trial by Summary
				Court-Martial" section of the charge sheet shall be completed by the summary
				court officer.
(i) The remainder of
				the charge sheet shall be completed after the trial and review are
				completed.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2) › Section 7-4-16 - Action when charges are not to be referred for trial

Current through June, 2024
(a)
				If the convening authority decides not to refer the case for trial by
				court-martial, the convening authority shall return the charge sheet and allied
				papers to the initiating commanding officer, who then, subject to subsection
				(b), may:
(1) Take no further action with
				regard to the case;
(2) Take or
				recommend administrative action;
(3) Initiate or recommend nonjudicial
				punishment; or
(4) Take any action
				not inconsistent with the directions of the higher convening
				authority.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 5 - PRE-TRIAL CONFINEMENT AND OTHER PRE-TRIAL ACTIONS › Section 7-5-1 - Apprehension; pre-trial confinement

Current through June, 2024
(a) Any commanding
				officer may order military police of the state military force concerned to
				apprehend any member of the commanding officer's command who the commanding
				officer has probable cause to believe has committed an offense under chapter
				124A, HRS, or chapter 7-9.
(b) Upon apprehension of the suspected
				offender, the person executing the apprehension shall deliver the suspected
				offender to the commanding officer who ordered the apprehension.
(c) The commanding officer shall then,
				determine the appropriate level of restraint, if any. Restraint includes but
				shall not be limited to:
(1) Restriction to a
				specific area;
(2) Arrest in
				quarters; or
(3) Pre-trial
				confinement.
When apprehended only for charges normally tried by a summary
				  court-martial the suspected offender shall not ordinarily be placed in
				  pre-trial confinement.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 5 - PRE-TRIAL CONFINEMENT AND OTHER PRE-TRIAL ACTIONS › Section 7-5-2 - Convening authority's role in setting up the trial

Current through June, 2024
(a)
				The convening authority shall provide suitable space for the conduct of the
				court-martial and provide such administrative support as may be
				required.
(b) The convening
				authority shall notify the accused and, if the accused is represented, the
				defense counsel of the time, date, and place of trial. The exhibit entitled
				"Annex 18" dated 1 November 1984, located at the end of this subtitle contains
				a sample "Notice of Trial Setting". The notice shall be delivered in person or
				by certified mail, return receipt requested delivered to addressee only. If
				mailed, the notice shall be sent in a postage and fees paid envelope and
				deposited in an office of the United States Postal Service. Delivery to the
				accused, mailed to the latest available address as shown on the records of the
				units, shall be presumed seven days following date of deposit.
(c) Not less than twenty calendar days (or
				such shorter time as the convening authority may establish) prior to the
				court-martial, the trial counsel and defense counsel shall provide the
				convening authority with a list of military and civilian personnel each desires
				to call as witnesses. The list shall include the name, home address and phone
				number, business address and phone number, and military unit (where
				applicable).
(d) The convening
				authority through trial counsel shall take the necessary action to attempt to
				insure that all military personnel are available to participate in the
				proceedings. The summary court officer or president of the court-martial may
				issue subpoenas and letters of explanation to secure the presence of persons
				not subject to military orders. Examples of subpoenas and letters are shown in
				the exhibits entitled "Annex 15", "Annex 16", and "Annex 17", all dated 1
				November 1984, located at the end of this subtitle.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 5 - PRE-TRIAL CONFINEMENT AND OTHER PRE-TRIAL ACTIONS › Section 7-5-3 - Action if accused objects to trial by summary court-martial

Current through June, 2024
The accused has no right to object to a summary court-martial
				  if the accused has been permitted and has elected to refuse nonjudicial
				  punishment; provided in all other cases, if the accused does not consent to
				  trial by summary court-martial, the convening authority may:
(1) Dismiss the charges;
(2) Convene a special or general
				court-martial, if the convening authority is a proper convening
				authority;
(3) Refer the case
				through military channels to a proper convening authority; or
(4) Take any other action not prohibited by
				law.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-1 - Deferral of sentences to confinement

Current through June, 2024
All sentences to confinement shall be executed on the date
				  the sentence is adjudged unless the convicted person requests in writing
				  deferral of any sentence to confinement and the convening authority approves
				  the request in writing. If deferral is granted, the sentence to confinement
				  shall begin to run on the date of final action by the convening authority on
				  any sentence of confinement.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-2 - Convening authority's action

Current through June, 2024
(a) The record of
				trial and review shall be forwarded to the convening authority for
				action.
(b) The convening authority
				may approve all or part of the adjudged sentence or disapprove the findings and
				sentence; provided in general courts-martial, the convening authority shall
				refer the record to the designated staff judge advocate pursuant to section
				124A-93,
				HRS.
(c) If the convening authority
				approves any part of the adjudged sentence which has not been executed, the
				convening authority may:
(1) Order the
				approved sentence into execution; or
(2) Suspend execution of the sentence as
				provided in section 7-6-3.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-3 - Suspension of sentences; generally

Current through June, 2024
At any time prior to adjournment of the court-martial, an
				  accused may file with the court a written application of suspension of
				  sentence, AGHI Form SJAG 3, an example of which is contained in the exhibit
				  entitled "Annex 19" dated 1 November 1984, located at the end of this subtitle.
				  The presiding officer of any court-martial shall inform the accused of the
				  right to file the application and give the accused an opportunity to do
				  so.
The form shall be filed in all cases in which the accused is
				  seeking suspension of sentence, whether or not a pre-trial agreement with the
				  convening authority has been entered into.
The convening authority may suspend the execution of any
				  approved sentence whether or not the application has been filed. If the
				  convening authority suspends the sentence, the permissible terms and conditions
				  of the suspension shall include those stated on the application for suspension
				  of sentence.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-4 - Partial suspension of sentence

Current through June, 2024
The convening authority may suspend any part or amount of any
				  sentence which has not previously been paid or served. For example, an accused
				  against whom a court-martial sentence often days confinement has been adjudged
				  may be ordered confined for three days and the remaining seven days suspended;
				  or, an accused against whom a court-martial sentence of a $25 fine has been
				  adjudged may be ordered to pay $10 and payment of the remaining $15
				  suspended.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-5 - Length of suspension term

Current through June, 2024
A court-martial sentence may be suspended by the convening
				  authority for a reasonable period of time. The period of suspension shall not
				  exceed twelve months from the date of the convening authority's action, unless
				  a longer period of suspension is required, in the sole and unreviewable
				  discretion of the convening authority, to maintain good order and discipline.
				  In no event shall the period of suspension extend beyond the expiration of the
				  accused's present term of service, unless the accused consents thereto in
				  writing.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-7 - Execution of confinement

Current through June, 2024
(a) Sentences of
				confinement adjudged by military courts may be executed only in military
				guardhouses under the control of the state military forces or in civil jails
				designated for that purpose by the adjutant general or the state judge
				advocate. Trial counsel shall seek the designation in advance of any
				court-martial if confinement in a place other than as provided in subsection
				(b) is contemplated. The designation may be made orally and confirmed in
				writing.
(b) Unless specifically
				otherwise designated, the place of confinement shall be the state correctional
				facility within the county where the court-martial is held that is usually used
				to incarcerate offenders who are found guilty of criminal offenses punishable
				by a maximum term of imprisonment for one year or less.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-8 - Mittimus when issued by a presiding officer

Current through June, 2024
Unless the sentence of confinement has been deferred, as
				  provided in section
				  7-6-1, the presiding officer of a
				  court-martial shall issue a mittimus (order to confinement), as set forth in
				  AGHI Form SJAG 4, following the imposition of a sentence to confinement. An
				  example of AGHI Form SJAG 4 is contained in the exhibit entitled "Annex 20"
				  dated 1 November 1984, located at the end of this subtitle.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-9 - Mittimus when issued by convening authority

Current through June, 2024
(a) If the
				convening authority approves any portion of a court-martial sentence that
				includes confinement and does not suspend that confinement, the convening
				authority shall issue the mittimus if confinement has been deferred as provided
				in section 7-6-1. The convening authority shall have the sole discretion to
				allow the convicted person to serve a sentence to confinement on any basis
				other than "straight-time" (for example, by allowing service on weekends or
				participation in a work-release program). If the convening authority desires to
				authorize other than "straight-time" service of the sentence, the convening
				authority shall make the appropriate arrangements with the confinement
				authorities prior to issuing the mittimus. Any such arrangements shall be set
				out in that portion of the mittimus following the words "Convening Authority's
				Special Instructions to Jailer".
(b) Upon being informed of the convening
				authority's imposition of confinement, the defense counsel shall advise the
				convicted person to voluntarily surrender to the authority designated in the
				mittimus to begin service of the sentence of confinement. If the convicted
				person fails to surrender voluntarily at the time and place designated in the
				mittimus, the convening authority may order civilian law enforcement
				authorities or the military police of the state military force concerned to
				apprehend the convicted person and deliver the convicted person to the place of
				confinement designated in the mittimus.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-10 - Disposition of fines

Current through June, 2024
When a fine is paid, the person receiving the money shall
				  cause the money to be paid within thirty days of receipt to the director of
				  finance through a letter of transmittal to the credit of the state general
				  fund. The sample letter of transmittal in Annex 7 shall be suitably
				  modified.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-11 - Publication of results

Current through June, 2024
Upon completion of the review, the convening authority shall
				  publish orders setting forth the results of the trial. The exhibit entitled
				  "Annex 21" dated 1 November 1984, located at the end of this subtitle, contains
				  a sample "Promulgating Order". Appropriate United States military service
				  regulations may be consulted to adapt this sample to fit each
				  case.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-12 - Distribution and filing of charge sheet

Current through June, 2024
When the convening authority has completed all actions under
				  section 7-6-2, the original charge sheet
				  with all exhibits attached shall be filed in the military personnel record of
				  the accused as the record of trial. A record of trial of a summary court shall
				  be authenticated by the signature of the summary court officer. The convening
				  authority shall forward a complete copy of the record of trial to the accused
				  and each counsel for the accused, and to the office of the appropriate staff
				  judge advocate.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 7 - PROCEDURES FOR APPEAL › Section 7-7-1 - Accused's appeal to the supreme court of the State

Current through June, 2024
(a)
				Procedures for appealing the decision of any court-martial to the supreme court
				shall be as provided in section
				124A-105, HRS,
				and this chapter.
(b) The contents,
				form, and other requisites of an accused's notice of appeal to the supreme
				court of the State shall be as established by the Hawaii rules of penal
				procedure. The accused shall serve the convening authority, reviewing staff
				judge advocate, law officer, trial counsel, and the state judge advocate
				general each a copy of the notice of appeal within the time prescribed by the
				Hawaii rules of penal procedure.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 8 - GENERAL ADMINISTRATIVE PROCEDURES AND REPORTS › Section 7-8-1 - Forms of process

Current through June, 2024
The trial counsel, defense counsel, courts-martial, courts of
				  inquiry, and boards of investigation shall have the opportunity to obtain
				  witnesses and other evidence. Process issued to compel witnesses to appear and
				  testify and to compel the production of other evidence shall be similar to
				  those issued by the courts of Hawaii having criminal jurisdiction and shall run
				  to any part of the State. Sample forms of process are listed in the exhibits
				  entitled "Annex 15", "Annex 16", and "Annex 17", all dated 1 November 1984,
				  located at the end of this subtitle. Part II, Chapter 7, Manual for
				  Courts-Martial, United States, 1984, as it existed on 1 July 1988, shall be
				  used as a procedural guide: provided chapter
				  124A, HRS, and this subtitle shall
				  govern in the event of conflict. Sections
				  124A-71
				  to
				  124A-74,
				  124A-161,
				  124A-166,
				  and
				  124A-167,
				  HRS, shall control in matters regarding witnesses, depositions, contempt, and
				  expenses.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 8 - GENERAL ADMINISTRATIVE PROCEDURES AND REPORTS › Section 7-8-2 - Witnesses

Current through June, 2024
Subpoenas or other process issued to witnesses shall be
				  served as provided by section
				  124A-71,
				  HRS. The process shall be accompanied by a letter explaining the penalty for
				  failure to obey the process as outlined in section
				  124A-72,
				  HRS. The letter shall also advise the witness of entitlement to expenses and
				  the procedure for collecting payment. Witnesses shall be compensated in the
				  same manner as witnesses in civilian criminal trials are compensated in the
				  circuit courts of the State. Examples of the letter are contained in the
				  exhibits entitled "Annex 15", "Annex 16", and "Annex 17", all dated 1 November
				  1984, located at the end of this subtitle.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 8 - GENERAL ADMINISTRATIVE PROCEDURES AND REPORTS › Section 7-8-3 - Court reporters and interpreters

Current through June, 2024
Court reporters and interpreters may be employed when
				  required by chapter
				  124A, HRS, or when directed by the
				  adjutant general. A court reporter shall not be provided in a nonjudicial
				  punishment proceeding or a summary court-martial. A defendant may provide a
				  court reporter in a nonjudicial punishment or summary court-martial proceeding
				  at the defendant's own expense.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 8 - GENERAL ADMINISTRATIVE PROCEDURES AND REPORTS › Section 7-8-4 - Lesser included offenses

Current through June, 2024
Lesser included offenses shall be as provided in the exhibit
				  entitled "Annex 24, Table of Commonly Included Offenses", dated 1 July 1988, to
				  the extent that punitive sections found in chapter
				  124A, HRS, and chapter 7-9,
				  correspond to articles of the Uniform Code of Military Justice. The lesser
				  included offense exits where a section and article are in agreement in the two
				  codes.