Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-510 - Preferral and Transmittal of Charges

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preferral. Section III of the Charge Sheet
				is the preferral of charges. The person who believes that the specifications
				are true signs in block 11d as the accuser. The reference in the affidavit to
				the "Uniform Code of Military Justice" should be changed to read "Louisiana
				Code of Military Justice" by deleting the word "Uniform" and substituting in
				its place the word "Louisiana. While any person subject to the Louisiana Code
				of Military Justice may be an accuser, it is customary for the Unit Commander
				to sign as the accuser. A superior authority may not order anyone to act as
				accuser. The signing of the Charge Sheet by the accuser must be done in the
				presence of a commissioned officer serving in the capacity of Adjutant,
				Assistant Adjutant, acting Adjutant, or Personnel Adjutant. [See LCMJ Article
				136.] Each unit is authorized to detail in writing an officer in the capacity
				of acting Adjutant for the purpose of taking such oaths.
B. Informing the Accused. After charges have
				been preferred, the accused's commanding officer or his designated
				representative will inform the accused of the charges preferred against him,
				and will sign the certificate confirming such that is located at the top of
				page two of the Charge Sheet. This individual shall also advise the accused
				regarding his right to consult with legal counsel pursuant to LCMJ Article 20.
				When, because of the unavailability of the accused, this notice cannot be
				accomplished by reading the charges to him, a letter notifying him of the
				charges mailed by first class mail to the accused at his address as shown on
				the unit alert roster will suffice, but the certificate will be amended to
				reflect that the accused was informed of the charges by mail.
C. Receipt by the Summary Court-Martial
				Convening Authority. The unit commander next will have all copies of the Charge
				Sheet and related papers promptly sent to the commander exercising summary
				court-martial jurisdiction over his unit. This is normally the battalion or
				squadron commander. The summary court-martial authority or his representative
				(preferably the S-1) will indicate the time the sworn charges were received and
				sign the receipt of charges on Page two, Section IV.
D. Referral of Charges for Trial by
				Courts-Martial. If the convening authority decides to refer the case to trial
				by court-martial, the appropriate block in Section V of the Charge Sheet should
				be completed. Ordinarily in the Louisiana National Guard, such referral will be
				to a summary court-martial and the Charge Sheet should be delivered to the
				summary court officer, with the convening authority retaining a copy for his
				records. In lieu of referring the charges for disposition by court-martial, the
				convening authority may impose non-judicial punishment on the accused, or, if
				he determines that neither judicial nor non-judicial action is indicated, he
				may dismiss the charges. The convening authority, in any case, should advise
				the unit Commander who initiated the charges of his decision.
E. Service of Charges. Section V of the
				Charge Sheet also contains in the last item the service of the charges. In
				summary courts-martial, the most common type of court-martial held in the
				Louisiana National Guard, this service will ordinarily be accomplished by the
				summary court officer. If the charges have been referred to a special or
				general court-martial, the service will be accomplished by the trial counsel or
				at his direction. If, at time of preparation of the Charge Sheet, the accused
				is present at either at a unit training assembly or annual training, a copy of
				the Charge Sheet, and a copy of Notice of Court Martial, [See Figure 6-1] will
				be furnished the accused by the summary court officer or other official who
				will then sign the certificate which is the last item on page two of the Charge
				Sheet. At times other than annual training or unit training assemblies, the
				summary court officer will either serve the accused personally or mail a copy
				of the Charge Sheet and any Notice of Trial to the accused by first class mail
				to his home address as shown on the Unit Alert Rosters. A copy will also be
				furnished to any attorney of record representing the accused whose whereabouts
				are known or may reasonably be ascertained. A certificate of such service along
				with the date thereof shall be made part of the record. Service may be waived
				in writing by either the accused or his counsel. Unless waived, the delay for
				service of the charges upon the accused or his counsel must be accomplished not
				later than:
1. five days before trial for
				GCM;
2. three days before trial for
				SPCM;
3. 24 hours before trial for
				SCM. [See, generally, LCMJ Article 35; R.C.M. 602.]