Page 240 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9943

(B) A witness;
(C) An investigating or preliminary hearing officer;
(D) Counsel for any party; or
(E) A member of the court-martial or of any earlier court-martial of which the trial is a
rehearing or new or other trial.
(3) Duties. In addition to such other duties as the Secretary concerned may prescribe, the
following persons may perform the following duties.
(A) ll1te1preters. Interpreters shall interpret for the court-martial or for an accused who
does not speak or understand English.
(B) Reporters. Reporters shall record the proceedings and testimony and shall transcribe
them so as to comply with the requirements for the record of trial as prescribed in these rules.
(C) Others. Other personnel detailed for the assistance of the court-martial shall have
such duties as may be imposed by the military judge.
( 4) Payment qf reporters, interpreters. The Secretary concerned may prescribe regulations for
the payment of allowances, expenses, per diem, and compensation of reporters and interpreters.
(f) Action upon discovery (?f disqual~fication or lack qf qualffications. Any person who
discovers that a person detailed to a court-martial is disqualified or lacks the qualifications
specified by this rule shall cause a report of the matter to be made before the court-martial is
first in session to the convening authority or, if discovered later, to the military judge.

Rule 503. Detailing members, military judge, and counsel, and designating military
magistrates
(a) Members.
(1) In general. The convening authority shall-
(A) detail qualified persons as members for courts-martial;
(B) detail not fewer than the number of members required under R.C.l\11. 501(a), as
applicable; and
(C) state whether the military judge is-
(i) authorized to impanel a specified number of alternate members; or
(ii) authorized to impanel alternate members only if, after the exercise of all
challenges, excess members remain.
(2) Member election by enUsted accused. An enlisted accused may, before assembly, request
orally on the record or in writing that the membership of the court-martial to which that
accused's case has been referred be comprised entirely of officers or of at least one-third
enlisted members. If such a request is made, the court-martial membership must be consistent
with the accused's request unless eligible members cannot be obtained because of physical
conditions or military exigencies. If the appropriate number of members cannot be obtained, the
court-martial may be assembled and the members impaneled, and the trial may proceed without
them, but the convening authority shall make a detailed written explanation why such members
could not be obtained which must be appended to the record of trial.
(3) ]!/[embers from another command or armed force. A convening authority may detail as
members of general and special courts-martial persons under that convening authority's command
or made available by their commander, even if those persons are members of an armed force
different from that of the convening authority or accused.
( 4) This subsection does not apply to charges referred to a special court-martial consisting of
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a military judge alone under Article 16(c)(2)(A).