Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart D - COURTS-MARTIAL JURISDICTION AND COMPOSITION › Section 400.415 - Courts-Martial Composition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Members of a Court-Martial
1)
Any
SMF
commissioned officer is eligible to serve on
				all courts-martial for the trial of any persons subject to
the
Code.
(Code Section 25(a))
2)
Any
SMF
warrant
				officer is eligible to serve on general and special courts-martial for the
				trial of any person subject to
the
Code, other than a
				commissioned officer
. (Code Section 25(b))
3)
Any enlisted member of
				the
SMF
who is not a member of the same unit as the accused is
				eligible to serve on general and special courts-martial for the trial of any
				enlisted member subject to
the
Code,
but that
				member shall serve as a member of a court only if, before the conclusion of a
				session called by the military judge under
Code Section 39(a)
prior to trial or, in the absence of such a session, before the court
				is assembled for the trial of the accused, the accused personally has requested
				orally on the record or in writing that enlisted members serve on it. After
				such a request, the accused may not be tried by a general or special
				court-martial unless the membership includes at least 1/3 enlisted members,
				unless eligible enlisted members cannot be obtained on account of physical
				conditions or military exigencies. If
enlisted
members cannot
				be obtained, the court may be assembled and the trial held without them, but
				the convening authority shall make a detailed written statement, to be appended
				to the record, stating why they could not be obtained. In this
subsection (a),
"unit" means any regularly organized body of
				the
SMF
not larger than a company, a squadron or a body
				corresponding to a company or squadron.
(Code Section 25(c))
4)
When it can be avoided, no person
				subject to
the
Code may be tried by a court-martial any member
				of which is junior to the accused in rank or grade.
(Code Section
				25(d))
5)
When convening a
				court-martial, the convening authority shall detail as members
of the
				court-martial
such
SMF
members as, in the convening
				authority's opinion, are best qualified for the duty by reason of age,
				education, training, experience, length of service, and judicial temperament.
				No
SMF
member is eligible to serve as a member of a general or
				special court-martial when that member is the accuser or a witness, or has
				acted as investigating officer or as counsel in the same case.
(Code
				Section 25(e))
6)
Before a
				court-martial is assembled for the trial of a case, the convening authority may
				excuse a member of the court from participating. The convening authority may
				delegate the authority under this
subsection (a)(6)
to a judge
				advocate or to any other principal assistant
. (Code Section
				25(f))
7) Any delegation of
				authority to a judge advocate or principal assistant for purposes of excusal of
				members must be in writing, unless exigencies prevent written delegation.
				Verbal authorization shall be reduced to writing as soon as possible.
8) Duties. The members of a court-martial
				shall determine whether the accused is proved guilty and, if necessary, adjudge
				a proper sentence, based on the evidence and in accordance with the
				instructions of the military judge. Each member has an equal voice and vote in
				deliberating upon and deciding all matters, except as otherwise specifically
				provided in this Manual. No member may use rank or position to influence
				another member. No member of a court-martial may have access to or use in any
				open or closed session this Manual, reports of decided cases, or any other
				reference material, except that the president of a special court-martial
				without a military judge may use these materials in open session.
9) President
A) Qualifications. The president of a
				court-martial shall be the detailed member senior in rank then
				serving.
B) Duties. The president
				shall have the same duties as the other members and shall also:
i) Preside over closed sessions of the
				members of the court-martial during their deliberations;
ii) Speak for the members of the
				court-martial when announcing the decision of the members or requesting
				instructions from the military judge; and
iii) In a special court-martial without a
				military judge, perform the duties assigned by this Manual to the military
				judge, except as otherwise expressly provided.