reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-424 - Vacation

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. A
				commander may vacate any suspended punishment provided the punishment is of the
				type and amount the commander could impose and where the commander has
				determined that the service member has committed misconduct (amounting to an
				offense under the LCMJ) during the suspension period. A suspension may be
				vacated by any non-judicial punishment authority or commander competent to
				impose upon the service member concerned punishment of the kind and amount
				involved in the vacation of suspension. [See Para 4-16(c) and Figure
				4-9.]
B. Procedure. The commander
				is not bound by the formal rules of evidence before courts-martial, and may
				consider any matter, including unsworn statements; the commander reasonably
				believes to be relevant to the misconduct. There is no appeal from a decision
				to vacate a suspension. Unless the vacation is undertaken prior to the
				expiration of the stated period of suspension, the suspended punishment is
				automatically remitted without further action. Misconduct resulting in vacation
				of a suspended punishment may also be the basis for the imposition of another
				Article 15.
C. Service member's
				Right to Rebut. The commander should, unless impracticable, give the service
				member an opportunity to rebut the information on which the proposed vacation
				is based. This may be by personal appearance or in writing, at the discretion
				of the commander. Failure to provide prior notification and/or an opportunity
				to appear or otherwise respond to the basis of a proposed vacation will not, by
				itself, render a vacation action void, though it may render the record of
				non-judicial punishment inadmissible in any subsequent court-martial.
D. Vacation Not Considered NJP. Vacation of a
				suspended non-judicial punishment is not itself non-judicial punishment and
				additional action to impose non-judicial punishment for a violation of a
				punitive article of the code upon which the vacation action is based is not
				precluded thereby.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-425 - Mitigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				Mitigation is a reduction in either the quantity or quality of a punishment.
				For example, a punishment of $50.00 forfeiture may be reduced to $25.00. The
				general nature of the punishment remains the same. Mitigation is appropriate
				when:
1. the recipient has, by the recipient's
				subsequent good conduct, merited a reduction in the severity of
				punishment.
2. the punishment
				imposed was disproportionate to the offense or the offender.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-426 - Remission

Current through Register Vol. 50, No. 6, June 20, 2024
A. This is an
				action whereby any portion of the unexecuted punishment is canceled. Remission
				is appropriate under the same circumstances as mitigation. An unsuspended
				reduction is executed on imposition and thus cannot be remitted, but may be
				mitigated or set aside. The death, discharge, or separation from the service of
				the service member punished automatically remits any unexecuted
				punishment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-427 - Setting Aside and Restoration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Generally. This is an action whereby the punishment or any part or amount,
				whether executed or unexecuted, is set aside and any rights, privileges, or
				property affected by the portion of the punishment set aside are restored.
				Non-judicial punishment is "wholly set aside" when the commander who imposed
				the punishment, a successor-in-command, or a superior authority sets aside all
				punishment imposed upon an individual under Article 15. The basis for any set
				aside action is a determination that, under all the circumstances of the case,
				the punishment has resulted in a clear injustice. "Clear injustice" means that
				there exists an unwaived legal or factual error which clearly and affirmatively
				injured the substantial rights of the service member. An example of "clear
				injustice" would be the discovery of new evidence unquestionably exculpating
				the service member. "Clear injustice" does not include the fact that the
				service member's performance of service has been exemplary subsequent to the
				punishment or that the punishment may have a future adverse effect on the
				retention or promotion potential of the service member.
B. Proof Required. Normally, the service
				member's uncorroborated sworn statement will not constitute a basis to support
				the setting aside of punishment.
C.
				Administrative Errors. In cases where administrative error results in incorrect
				entries on the Article 15 documents, the appropriate remedy generally is an
				administrative correction of the form and not a setting aside of the
				punishment.
D. Timeliness. The
				power to set aside an executed punishment and to mitigate a reduction in grade
				to a forfeiture of pay, absent unusual circumstances, will be exercised only
				within four months after the punishment has been executed. When a commander
				sets aside any portion of the punishment, he will record the basis for this
				action upon the form. Any punishment set aside after four months from the date
				punishment has been executed will be accompanied with a detailed addendum of
				the unusual circumstances warranting such action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-428 - Summarized Article 15

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. A summarized Article 15 may be imposed by any commander who may impose
				a formal Article 15. It should be used for only very minor offenses, and where
				the preliminary inquiry convinces the commander that any punishment that might
				be imposed should not exceed the following:
1.
				14 days extra duty;
2. 14 days
				restriction;
3. an oral admonition
				or reprimand;
4. any combination of
				these punishments.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-430 - Supplementary Action

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Supplementary Action. Any action taken by an appropriate authority to suspend,
				vacate, mitigate, remit, or set aside a punishment (except punishment imposed
				under summarized proceedings, (para 4-28) after action has been taken on an
				appeal or DA Form 2627 has been distributed according to paragraph
				4-29.
B. Recording. Supplementary
				action will be recorded on DA Form 2627-2, Record of Supplementary Action under
				Article 15.
C. Distribution and
				Filing
1. Original. The original will be
				forwarded to the appropriate custodian of the OMPF as provided in the preceding
				paragraph. This copy will be filed in the same OMPF fiche location as the DA
				Form 2627 that initially imposed the punishment. The imposing commander's
				filing determination on the initial DA Form 2627 will be annotated on the DA
				Form 2627-2.
2. Copy One. Copy one
				will be forwarded to the SIDPERS (J1) to be filed in the service member's MPRJ
				when the imposing commander directs filing on the performance fiche of the
				OMPF. This copy will be destroyed along with copy one of the initial DA Form
				2627 if the original DA Form is transferred from the performance to the
				restricted fiche. In cases of filing on the restricted fiche of the OMPF, copy
				one will be filed in the unit personnel files.
3. Copies Two and Three. If the action
				affects a reduction, copy two (and copy two of the initial DA Form 2627, if
				maintained by the unit) will be forwarded to the SIDPERS (J1). If the action
				affects a forfeiture copy three will be forwarded to the MilPay which maintains
				the service member's pay account.
4. Copy Four. Copy four will be annotated
				with the same sequence number as the initial copy four. If the action affects a
				reduction, it will be forwarded to the SIDPERS (J1) servicing the MPRJ which
				will annotate it as indicated below. If the action affects forfeiture, it will
				be forwarded to the MilPay which maintains the service member's pay account
				which will annotate as indicated below. Either the SIDPERS (J1), finance, or
				both will see that the following is annotated in the left-hand margin and
				returned to the unit to verify the entry of subsequent actions in the
				Reconciliation Log.
5. Copy Five.
				Hand deliver to service member punished.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-431 - Reconciliation Log

Current through Register Vol. 50, No. 6, June 20, 2024
A. Imposing
				commanders will ensure that punishments imposed under the provisions of Article
				15 are executed. Punishments of reduction and forfeiture of pay may be
				monitored by the mandatory use of the Reconciliation Log, DA Form 5110-R
				(Article 15 Reconciliation Log), showing the punishment and date imposed.
				Reconciliation Log, DA Form 5110-R may be locally reproduced. To properly use
				DA Form 5110-R, copy four of all DA Forms 2627 must be sequentially numbered
				and the required data entered in the DA Form 5110-R. These entries are to be
				compared with copy four of the DA Form 2627 that was returned to the unit by
				the SIDPERS (J1) and/or MilPay which maintains the service member's pay
				account. Sequential numbers on the DA Form 5110-R will correspond to the number
				noted on copy four. After information is verified on the DA Form 5110-R from
				copy four, this copy will be retained until the expiration of any period of
				suspension of punishments affecting pay.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-432 - Time for Distribution of Initial DA Form 2627

Current through Register Vol. 50, No. 6, June 20, 2024
A. Distribution will be made IAW paragraph
				4-27 after the punished service member indicates in item 7 that there will not
				be an appeal. If the service member appeals, the DA Form 2627, minus copy four
				(if it has been forwarded as an "APPEAL PENDING" copy), will be forwarded to
				the superior authority and distributed after completion of item 10. Completion
				of this item shows that the service member acknowledges notification of action
				on the appeal. If item 10 cannot be completed because the service member is not
				reasonably available or due to military exigencies, a statement signed by the
				imposing commander stating that the punished service member was informed in
				writing of the disposition of the appeal and why it was not possible to have
				item 10 completed will be placed in item 11 before distribution is made. When
				the service member appeals the punishment, an "APPEAL PENDING" copy will be
				distributed as prescribed in paragraph 4-29E. If the service member fails to
				complete or sign item 7, an explanation of the failure will be provided by the
				imposing commander in item 11 and distribution will be made as prescribed. A
				service member's refusal to declare whether or not he desires to appeal may be
				presumed to indicate an intention not to appeal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-433 - Transfer or Removal of Records of Non-judicial Punishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as specifically addressed herein,
				applicable provisions of active component publications shall govern the
				transfer or removal of records of non-judicial punishment. [See also, AR 27-10,
				Chapter 3.]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-434 - Use of Non-judicial Punishment Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Records of proceedings and
				supplementary action under Article 15 recorded on DA Forms 2627 and 2627-2,
				previously or hereafter administered, may be used as directed by competent
				authority. Allied documentation transmitted with the original or copies of DA
				Forms 2627 and 2627-2, where filed with any of these forms, shall be considered
				to be maintained separately for the purpose of determining the admissibility of
				the original or copies of DA Forms 2627 or 2627-2 at courts-martial or
				administrative proceedings.
B.
				Admissibility. A record of non-judicial punishment or a duplicate as defined in
				M.R.E. 1001, not otherwise inadmissible, is a record of completed actions and
				may be admitted at courts-martial or administrative proceedings from any file
				in which it is properly maintained by regulation. A record or non-judicial
				punishment, otherwise properly filed, will not be inadmissible merely because
				the wrong copy was maintained in a file. It may be considered for use at
				courts-martial or administrative proceedings independently of any written
				statements or other documentary evidence considered by an imposing commander, a
				successor, or a superior authority.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-435 - Effects of Errors

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Failure to comply with any of the procedural provisions relative to
				non-judicial punishment shall not invalidate a punishment imposed unless the
				error materially prejudiced a substantial right of the punished service
				member.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-436 - Announcement of Punishment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. In order to be effective, the military justice system must not only
				function properly, but it must also appear to function properly. For this
				reason, the commander will announce the disposition of all cases involving
				non-judicial punishment of personnel in grade of E-4 and below. The punishment
				may be announced at the next unit formation after punishment is imposed or, if
				appealed, after the decision on the appeal. It also may be posted on the unit
				bulletin board. The purpose of announcing the results of punishments is to
				preclude perceptions of unfairness of punishment and to deter similar
				misconduct by other service members. An inconsistent or arbitrary policy should
				be avoided regarding the announcement of punishment that might result in the
				appearance of vindictiveness or favoritism.
B. Grades E5 and above. In the cases of
				personnel in grade E-5 and above, any announcement of Article 15 disposition is
				discretionary with the commander imposing the punishment. The commander must
				consider the impact on unit morale and the impairment to job or leadership
				effectiveness of the individual concerned. In deciding whether to announce
				punishment of service members in the grade of E5 or above, the following should
				be considered:
1. the nature of the
				offense;
2. the individual's
				military record and duty position;
3. the deterrent effect;
4. the impact on unit morale or
				mission;
5. the impact on the
				victim (if any);
6. the impact on
				the leadership effectiveness of the individual concerned.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-501 - Report of Offense

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				There are a number of ways a commander can become aware of a criminal act
				committed by a service member, including personal observation, receipt of a
				report or complaint from an individual within or without the command, or
				receipt of a formal report from a law enforcement agency, including the
				military police or Criminal Investigation Command. This information may be
				incomplete and may require further investigation. Chapter 3 deals with the
				subject of Investigating and Obtaining Evidence. Any person may report an
				offense that is a violation of law. Ordinarily, any military authority who
				receives a report of an offense shall forward as soon as practicable the report
				and any accompanying information to the immediate commander of the suspect.
				However, competent authority superior to that commander may direct otherwise.
				[R.C.M.301(b).]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-503 - Referral of Offenses to Civilian Authorities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Evaluation of the Offense. Upon receipt of
				information that a service member of the command is suspected of committing an
				offense, the immediate Commander must make or cause to be made a preliminary
				inquiry into the suspected offense(s). [R.C.M. 303.] Upon determining that an
				offense has been committed, one of the issues that the Commander must decide is
				whether the conduct constituting the offense is characterized as a "felony," a
				"misdemeanor," a "dual" offense, a "purely civilian offense", or a "purely
				military offense." These terms are defined below and/or in the GLOSSARY to this
				Regulation. Commanders should consult with the servicing Staff Judge Advocate
				if in doubt on this evaluation.
B.
				"Dual" Offenses.
1. General. This would
				involve conduct that violates both civilian and military laws. Examples would
				include assault, battery, theft, drunk driving, riot, damage to property,
				disturbing the peace, and larceny.
2. Felonies. If the "dual" offense is a
				felony under the laws of Louisiana, federal law, or laws of another state where
				the incident occurred, [See GLOSSARY for definition] the commander must, at the
				earliest opportunity, consult with the Office of the Staff Judge Advocate
				regarding the advisability of referral to the proper civilian authorities in
				the Parish (or County) where the offense occurred. Many of the offenses defined
				as felonies under Louisiana law that are prohibited under the UCMJ are omitted
				from the LCMJ (e.g. Article 118 under the UCMJ defines and prohibits murder;
				this is omitted in the LCMJ, though homicide is defined and prohibited under
				general Louisiana laws applicable to all persons within the State. [See
				R.S. 14:29 et
				seq.] In the absence of extraordinary circumstances, each such case should be
				promptly referred to the appropriate civilian agency. When civilian felony
				charges have been filed against a service member, he shall be surrendered to
				civilian authorities.
3.
				Misdemeanors. If an offense against both civilian and military law is
				determined to involve a misdemeanor, [See GLOSSARY for definition] the
				commander should exercise discretion over his option of referring the matter to
				appropriate civil authorities or retaining the matter for disposition pursuant
				to courts-martial, non-judicial punishment, or non-punitive disciplinary
				sanctions. If circumstances permit, SJA advice should be sought.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-505 - Apprehension and Detention by Peace Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority to Apprehend. Any peace officer
				having authority to apprehend offenders under the laws of the state may
				apprehend and detain an offender under the LCMJ.
B. Apprehension Procedures. A peace officer
				may apprehend and detain a person subject to the LCMJ:
1. for any court-martial offense committed in
				the presence of the peace officer, if the peace officer has probable cause to
				believe the person apprehended committed it, or
2. when the peace officer is notified by
				telegraph, telephone, radio, facsimile machine, or other mode of communication
				by a commissioned officer or by military law enforcement officials, or by
				another peace officer, that there exists a duly issued order for the
				apprehension of the person by a commanding officer to whose authority the
				person is subject, or by a military court.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-506 - Pretrial Restraint

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. Pretrial restraint is moral or physical restraint on a Service
				member's liberty which may be imposed before and during disposition of
				offenses. Pretrial restraint may consist of conditions on liberty, restriction
				in lieu of arrest, arrest, or confinement.
B. Conditions on Liberty. Conditions on
				liberty are imposed by orders directing a person to do or refrain from doing
				specified acts. Such conditions may be imposed in conjunction with other forms
				of restraint or separately.
C.
				Restriction in Lieu of Arrest. Restriction in lieu of arrest is the restraint
				of a person by oral or written orders directing the person to remain within
				specified limits; a restricted person shall, unless otherwise directed, perform
				full military duties while restricted.
D. Arrest. Arrest is the restraint of a
				person by oral or written order not imposed as punishment, directing the person
				to remain within specified limits; a person in the status of arrest may not be
				required to perform military duties such as commanding or supervising
				personnel, serving as guard, or bearing arms. The status of arrest
				automatically ends when the Service member is placed, by the authority of the
				person who ordered the arrest or a superior authority, on duty inconsistent
				with the status of arrest. Arrest shall not prevent requiring the Service
				member arrested to do ordinary cleaning policing, or to take part in routine
				training and duties.
E.
				Confinement. Pretrial confinement is physical restraint, imposed by order of
				competent authority, depriving a person of freedom pending disposition of
				offenses for a period of longer than 24 hours. This should be distinguished
				from detention, discussed in Paragraphs 5-4. Pretrial confinement will not be
				used except in accordance with Paragraphs 5-7.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-507 - Pretrial Confinement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pre-trial confinement is not authorized. In the case of arrest pursuant to a
				warrant approved by the Adjutant General, the arresting authority will release
				the accused to the unit as expeditiously as possible. Overnight pre-trial
				confinement pursuant to the execution of National Guard warrants is not
				authorized unless approved by an exception to policy by the State Judge
				Advocate. In no case will a member of the National Guard be placed in the
				general population of any confinement facility.
B. Lesser Forms of Restraint. Less serious
				forms of restraint must always be utilized. The commander shall consider
				whether the service member could safely remain in the unit, at liberty or under
				some form of restriction, or conditions of liberty.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-508 - Bail

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Any
				person in confinement charged with or convicted of an offense under the LCMJ is
				entitled to bail pending finality of the sentence. The order fixing the amount
				of bail shall be in writing, specify the amount of the bail, and designate the
				officer(s) authorized to accept the bail, and must be signed by the convening
				authority. [Figure 5-3.] Any person in confinement on a charge under the LCMJ
				may invoke the supervisory jurisdiction of a military judge on the claim that
				the convening authority has improperly refused bail or for a reduction of bail.
				The amount of such bail shall be fixed by the convening authority that ordered
				the confinement, and shall not exceed the following limits:
1. Summary Court-Martial-$500.00;
2. Special Court-Martial-$1000.00;
3. General Court-Martial-$2500.00.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-511 - Transmittal of Charges

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. In addition to the Charge Sheet, often other documents must be
				prepared and forwarded by the accused's commander. [See Figures 5-1 and 6-1.] A
				copy of each such record should be retained by the unit for its
				files.
B. Minor Offenses. When
				charges are submitted with a view to trial by summary court-martial or
				non-judicial punishment action, they need not be forwarded by a formal letter
				of transmittal, but should be accompanied by evidence of previous court martial
				convictions (DD Form 493) and of previous non-judicial punishments of the
				accused ant sufficient information about the circumstances, including an
				informal summary of the expected evidence, to enable the commander receiving
				them to make an intelligent disposition of the case without an additional
				investigation.
C. Serious Offenses.
				When charges are submitted with a view to trial by special or general
				court-martial, they will be forwarded by a letter of transmittal signed
				personally by the forwarding officer. The letter will include, or carry as
				enclosures, the following:
1. A summary of
				the evidence expected from each witness or other source. The signature of each
				witness to the summary of his testimony will be obtained unless the procurement
				of the signature(s) is not possible or would unduly delay the forwarding of the
				charges;
2. Copies of all
				reasonably available documentary evidence. Originals should not be forwarded
				with the Charge Sheet and letter of transmittal. The original documentary
				evidence should be properly marked, preserved, and referred to in the charges
				or the letter of transmittal with a statement as to where it may be
				found.
3. Evidence of admissible
				previous convictions by court-martial and non-judicial punishments, which, in
				the case of enlisted persons, is usually in the form of an attested copy of the
				pertinent entries in the accused's personnel records.
4. Explanation of any unusual features of the
				case, including such matters as the character of the accused's military service
				before the offense charged and his record before entry into the military
				service, if known.
5. Specific
				recommendation as to the disposition of the charges.
6. Certification that Judge Advocate advice
				has been obtained in the matter if the transmittal recommends a special or
				general court-martial.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-512 - Time Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. The prompt disposition of charges is essential to our system of
				military justice. An unexplained delay in the processing of charges at any
				stage may result in dismissal of the charges. When a decision concerning a
				delay is brought up at trial, the burden is on the government to justify the
				delay, to show that it was not intentional nor due to an oppressive design or
				neglect on the part of the National Guard. The period of time for which the
				government is accountable starts to run when the accused is placed in restraint
				or when charges have been preferred. The following are guidelines for avoiding
				unreasonable delays in the processing of the court-martial charges:
1. promptly send all court-martial files to
				higher headquarters;
2. investigate
				an incident immediately after it happens;
3. do not allow a case to remain in a unit
				because of the pressure of other duties;
4. if the accused is placed in pre-trial
				confinement, he will be served with a copy of the charges and taken into
				military custody or brought before the court for trial not later than 24 hours
				after the commencement of his pre-trial confinement. Exception to this policy
				may only be granted by the State Judge Advocate or his designated
				representative.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-513 - Detailing of Military Judge

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In accordance with Article 26 of the LCMJ the authority convening the General
				or Special Court Martial shall detail a Military Judge thereto. A Military
				Judge will be made available to the convening authority by the State Judge
				Advocate. The written documentation detailing the military judge may be
				included in the court-martial convening order. [See Figure 5-12] Nothing in
				this regulation precludes the detail of a military judge from another armed
				service to preside over courts-martial.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-514 - Detailing of Trial Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Trial Counsel will be made available to the convening authority by the State
				Judge Advocate or the DRU SJA. The order detailing trial counsel will be in
				writing, and will be announced orally on the record during the court-martial,
				and will indicate by whom the trial counsel was detailed. The written
				documentation detailing the trial counsel may be included in the court-martial
				convening order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-515 - Assignment of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Chief, LANG TDS will make available to GCMCA's and SPCMCA's military trial
				defense counsel for detail to all Special and General Courts Martial. The name
				of the military trial defense counsel will appear on the convening order and
				announced orally at the court martial.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-516 - Detailing and Duties of Court Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. The convening authority shall detail
				qualified persons as members for courts-martial. He may detail as members of
				general and special courts-martial persons under his command or others made
				available by another commander even if those persons are members of an armed
				force different from that of the convening authority or accused.
B. Qualifications. The members detailed to a
				court-martial shall be those persons who in the opinion of the convening
				authority are best qualified for the duty by reason of their age, education,
				training, experience, length of service, and judicial temperament. Each member
				shall be a member of the Louisiana National Guard and shall be:
1. a commissioned officer;
2. a warrant officer, except when the accused
				is a commissioned officer; or
3. an
				enlisted person if the accused is an enlisted person and has made a timely
				request under R.C.M. 503(a)(2).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-517 - Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. Convening
				Authority's Responsibility. The Convening Authority is responsible for assuring
				that witnesses sought by both government and defense are timely subpoenaed.
				Requests for subpoenas shall be made at the earliest practicable time to allow
				ample time for service. Unless otherwise directed, 30 days prior to scheduled
				trial is considered reasonable. [See Paragraph 4-8, Figures 5-2, 6-1 and
				6-2.]
B. Civilian Witnesses.
				Civilian personnel will not be ordered to appear as witnesses at any SCM or
				SPCM unless prior approval has been obtained from the SJA or his
				designee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-518 - Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The
				expenses of a court-martial other than pay and allowances of members and
				counsel detailed to the court will generally be paid with State
				funds.
B. Expenses of Witnesses.
				Subpoenas or other process issued to witnesses will be served as provided by
				LCMJ Article 46. The process will be accompanied by a letter explaining the
				penalty for failure to obey the process as outlined in LCMJ Article 47. The
				letter will also advise the witness of any statutory entitlement to expenses
				and the procedure for collecting payment. If state funds are to be used for
				payment of these expenses, the issuing authority will coordinate with the
				Office of the State Judge Advocate prior to issuing the process and
				letter.
C. Expenses of Court
				Reporters and Interpreters. Court reporters and interpreters may be employed
				when required by the LCMJ or when directed by TAG. A court reporter will not be
				provided in a non-judicial punishment proceeding or a summary court-martial.
				Scheduling and compensation of such court reporters and interpreters shall be
				coordinated by the Office of the State Judge Advocate.
D. Government Transportation. Government
				transportation will be utilized by counsel and members detailed to the
				court-marital unless not available. Travel Orders will be issued as
				appropriate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-519 - Docketing of Trials

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Convening Authority's SJA shall review all requests for SPCM or GCM and, if
				approved by the Convening Authority, the SJA shall contact the Military Judge
				to arrange for arraignment and trial. te (SJA) by the quickest means available
				to announce this decision. The LANG TDS shall provide the name of the
				designated military defense counsel (DC). The State Judge Advocate shall
				provide the name of the designated Military Judge (MJ), and a case number. The
				Convening Authority's SJA will then contact the DC and coordinate a tentative
				trial date. Thereafter, the Convening Authority's SJA shall contact the MJ for
				final selection of a trial date. The Convening Authority's SJA shall advise the
				MJ whether a court reporter's presence is specifically sought for the case. The
				MJ shall advise the State Judge Advocate of the final trial date selected,
				whether a court reporter will be required, and any other matters of special
				interest and significance. Appropriate notices of trial and subpoenas shall be
				timely dispatched after coordination with all parties. [See Figures 6-1,
				6-2]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-520 - Continuance Requests

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Requests for the continuance of regularly scheduled courts-martial are matters
				within the discretion of the assigned military judge. Requests based on failure
				to timely take appropriate action (e.g. witness subpoena requests) shall be
				looked on with disfavor, and shall be granted only in cases where a substantial
				and demonstrable prejudice is likely to result there from.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-521 - Logistical Arrangements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Convening Authority's SJA shall be responsible for conduct of the entire case,
				including summoning of all witnesses and production of documentary evidence,
				arranging for a courtroom facility, coordinating requests for court reporters
				with Office of State Judge Advocate, and coordination of trial details with the
				military judge.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-522 - Article 32 Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The conduct of an LCMJ Article 32 Investigation shall be considered the
				principal or primary duty of the Investigating Officer (IO) until completed.
				The officer directing the investigation shall provide adequate clerical and
				staff assistance to the IO. Officers designated to conduct LCMJ Article 32
				investigations shall consult with the Trial Counsel prior to undertaking their
				duties, and shall follow published guidance (active component and otherwise)
				concerning such tasks.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 5 - Pretrial Procedures › Section II-523 - Plea Bargains and Pretrial Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The convening authority may properly agree
				to refer charges to a certain type of court-martial, withdraw one or more
				charges or specifications from the court-martial, have trial counsel present no
				evidence as to one or more specifications, and/or take specified action on the
				sentence adjudged by the court-martial as set forth in R.C.M. 705. [See example
				at Figure 5-10.]
B. Transmittal of
				Court-Martial Charges (Figure 5-1)
UNIT HEADING
LANG-XXX July 5, 2008
MEMORANDUM FOR: Commander, 256th Infantry Brigade (M), 1806
				  Surrey St., Lafayette, LA 70508
SUBJECT: Referral of Charges to Court-Martial
Forwarded herewith are sworn court-martial charges for
				  appropriate disposition.
Summaries of expected testimony and documentary evidence upon
				  which the charges are based, if any, are enclosed.
The following material witnesses are expected to be available
				  at the time of the trial:
(List Rank(s), Name(s), and Address (es)
There is evidence of _____ (list number, if any) of
				  admissible previous court-martial conviction(s) of the accused. A duly
				  authenticated extract copy of the accused's military records of previous
				  conviction s showing such conviction(s), if any, is enclosed.
The character of the accused's military service prior to the
				  offense(s) charged has been (excellent) (good) (fair) (unsatisfactory).
I recommend trial by (Summary) (Special) (General)
				  Court-Martial, and further recommend that the Service member (be) (not be)
				  retained in the Louisiana National Guard. [If applicable: The accused was
				  offered and declined Summary Court-Martial for the charge.]
HARD CHARGER
MAJ, IN, LANG
Commanding
C. Judge Advocate Pretrial Advice (Figure
				5-2)
UNIT HEADING
LANG-xxx DATE
MEMORANDUM FOR: Commander, 256th Infantry Brigade (M), 1806
				  Surrey St., Lafayette, LA 70508
SUBJECT: Advice on Disposition of Court-Martial Charges UP
				  R.C.M. 406
1. ACCUSED: SSG JOHN DOE,
				000-00-0000, Co A, 199th SPT BN, 256th INF BDE.
PERSONAL DATA: The accused's records indicate no prior
				  court-martial convictions or non-judicial punishment.
DOB/AGE: 8 Dec 56 (35)
RACE: White
TIME IN SVC: 15 yrs, 1 mo.
CIV EDUCATION: HS Graduate
MIL EDUCATION: Advanced Course
ETS:21 Feb 94
MARITAL STATUS: Married
DEPENDENTS: 2
PRETRIAL CONF. None
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-601 - Applicability of Trial Guides

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Court-Martial Trial Guides. A guide for the conduct of Summary Courts-Martial
				is located in Appendix B of this Regulation. The Military Judge's Benchbook, DA
				Pam 27-9, shall be consulted as a guide for Special and General Courts-Martial.
				The benchbook contains scripts for GCMs and SPCMs. Trial procedures shall
				conform generally to the Guide applicable to the level of court-martial being
				conducted.
B. Deviation Not
				Necessarily Reversible Error. Deviation from the suggested script language
				shall not constitute reversible error unless a substantial right of the accused
				is thereby violated.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-603 - Article 39(a) Sessions/Conferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. An "LCMJ Article 39(a)Session"
				empowers the military judge to call the court-martial into session for
				consideration of any matters not requiring the presence of court members. It
				applies to both pre-trial and post-trial issues.
B. Purposes. The following illustrative
				general purposes may prompt an Article 39(a) Session:
1. Hearing and determining motions raising
				defenses or objections that are capable or determination without trial of the
				issues raised by a plea of not guilty.
2. Hearing and ruling upon any of the
				following matters under the LCMJ even though the matter may be appropriate for
				later consideration by the members:
a.
				unlawful command influence [See LCMJ Article 37];
b. verification and qualification of counsel
				[See LCMJ Article 38];
c.
				continuances [See LCMJ Article 40];
d. challenges or disqualification of counsel
				[See LCMJ Article 41];
e. statute
				of limitations [See LCMJ Article 43];
f. former jeopardy [See LCMJ Article
				44];
g. correction or
				reconsideration of pleas [See LCMJ Article 45];
h. issuing process for witnesses or evidence
				[See LCMJ Article 46];
i. contempt
				[See LCMJ Article 48];
j.
				authorizing depositions [See LCMJ Article 49.]
k. holding arraignments and receiving pleas
				of the accused and entry of findings of guilt thereupon.
l. performing any other procedural function
				of the military judge not requiring the presence of the court members, to
				include, particularly, resolution of questions of trial procedure, the
				accused's choice of counsel and forum, admissibility of evidence, and motions
				for appropriate relief. [See, R.C.M. 803 discussion.]
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-604 - Arraignment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The arraignment
				normally occurs during an Article 39(a)session. [See R.C.M. 904.] In the
				arraignment, the trial counsel informs the accused of the specific charges and
				the military judge asks the accused how he desires to plead. The accused may
				waive reading of the charges and specifications. The plea itself is not part of
				the arraignment. The accused may be validly arraigned only on charges and
				amendments thereto which have been properly referred to the arraigning
				court-martial for trial. After arraignment, no additional charges may be
				referred to the same trial without the consent of the accused.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).