Page 241 - Trump Executive Orders 2017-2021

9944 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(b) MilitaJ}' judge.
( 1) By whom detailed. The military judge shall be detailed, in accordance with regulations of
the Secretary concerned, by a person assigned as a military judge and directly responsible to the
Judge Advocate General or the Judge Advocate General's designee. The authority to detail
military judges may be delegated to persons assigned as military judges. If authority to detail
military judges has been delegated to a military judge, that military judge may detail himself or
herself as military judge for a court-martial.
(2) Record of detail. The order detailing a military judge shall be reduced to writing and
included in the record of trial or announced orally on the record at the court-martial. The writing
or announcement shall indicate by whom the military judge was detailed. The Secretary
concerned may require that the order be reduced to writing.
(3) Military judge from a d{fferent armedforce. A military judge from one armed force may
be detailed to a court-martial convened in a different armed force, a combatant command or joint
command when permitted by the Judge Advocate General of the armed force of which the
military judge is a member. The Judge Advocate General may delegate authority to make
military judges available for this purpose.
( 4) Military magistrate. If authorized under regulations of the Secretary concerned, a
detailed military judge may designate a military magistrate to perform pre-referral duties under
R.C.M. 309, and, with the consent of the parties, to preside over a special court-martial
consisting of a military judge alone under Article 16(c)(2)(A).
(c) Counsel.
(1) By whom detailed. Trial and defense counsel, assistant trial and defense counsel, and
associate defense counsel shall be detailed in accordance with regulations of the Secretary
concerned. If authority to detail counsel has been delegated to a person that person may detail
himself or herself as counsel for a court-martial. In a capital case, counsel learned in the law
applicable to such cases under RC.M. 502(d)(2)(C) shall be assigned in accordance with
regulations of the Secretary concerned.
(2) Record of detail. The order detailing a counsel shall be reduced to writing and included in
the record of trial or announced orally on the record at the court-martial. The writing or
announcement shall indicate by whom the counsel was detailed. The Secretary concerned may
require that the order be reduced to writing.
(3) Counsel from a different armed force. A person from one armed force may be detailed to
serve as counsel in a court-martial in a different arn1ed force, a combatant command or joint
command when pennitted by the Judge Advocate General of the anned force of which the
counsel is a member. The Judge Advocate General may delegate authority to make persons
available for this purpose

Rule 504. Convening courts-martial
(a) In general. A court-martial is created by a convening order of the convening authority.
(b) H'ho may convene courts-martial.
(I) General courts-martial. Unless otherwise limited by superior competent authority,
general courts-martial may be convened by persons occupying positions designated in Article
22(a) and by any commander designated by the Secretary concerned or empowered by the
President.
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