New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.9 - Trial procedure through findings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Opening session.
(1) Call to order. A
				  court-martial is in session when the military judge so declares.
(2) Announcement of parties. After the
				  court-martial is called to order, the presence or absence of the parties,
				  military judge, and members are announced.
(3) Swearing reporter and interpreter. After
				  the personnel have been accounted for as required in subparagraph (2) of this
				  subdivision, the trial counsel announces whether the reporter and interpreter,
				  if any is present, have been properly sworn. If not sworn, the reporter and
				  interpreter, if any, are sworn.
(4)
				  Counsel.
(i) Trial counsel. The trial counsel
				  must announce the legal qualifications and status as to oaths of the members of
				  the prosecution and whether any member of the prosecution has acted in any
				  manner which might tend to disqualify the counsel.
(ii) Defense counsel. The detailed defense
				  counsel must announce the legal qualifications and status as to oaths of the
				  detailed members of the defense and whether any member of the defense has acted
				  in any manner which might tend to disqualify that counsel. Any defense counsel
				  not detailed must state that counsel's legal qualifications, and whether that
				  counsel has acted in any manner which might tend to disqualify that
				  counsel.
(iii) Disqualification. If
				  it appears that any counsel may be disqualified, the military judge must decide
				  the matter and take appropriate action.
(iv) Inquiry. The military judge must in open
				  session:
(a) inform the accused of the rights
				  to be represented by military counsel detailed to the defense; or by individual
				  military counsel requested by the accused, if such military counsel is
				  reasonably available; and by civilian counsel, either alone or in association
				  with military counsel, if such civilian counsel is provided at no expense to
				  the State;
(b) inform the accused
				  that, if afforded individual military counsel, the accused may request
				  retention of detailed counsel as associate counsel;
(c) ascertain from the accused whether the
				  accused understands these rights;
(d) promptly inquire, whenever two or more
				  accused in a joint or common trial are represented by the same detailed or
				  individual military or civilian counsel, or by civilian counsel who are
				  associated in the practice of law, with respect to such joint representation
				  and must personally advise each accused of the right to effective assistance of
				  counsel, including separate representation. Unless it appears that there is
				  good cause to believe no conflict of interest is likely to arise, the military
				  judge must take appropriate measures to protect each accused's right to
				  counsel; and
(e) ascertain from the
				  accused by whom the accused chooses to be represented.
(v) Unsworn counsel. The military judge must
				  administer the oath to any counsel not sworn.
(5) Presence of members. In cases in which a
				  military judge has been detailed, the procedures described in N.Y.R.C.M. 901
				  through 910 must be conducted without members present in accordance with
				  N.Y.R.C.M. 803.