Page 268 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9971

delay, the reasons for the delay, the accused's demand for speedy trial, and any prejudice to the
accused from the delay. Any sentence relief granted will be applied against the sentence
approved by the convening authority.
(e)Fmjeiture. Except as provided in R.C.M. 910(a)(2), a plea of guilty which results in a finding
of guilty forfeites any speedy trial issue as to that offense, unless affirmatively >vaived.
(f) Priority. When considering the disposition of charges and the ordering of trials, a convening
authority shall give priority to cases in which the accused is held under those forms of pretrial
restraint defined by R.C.M. 304(a)(3)-(4). Trial of or other disposition of charges against any
accused held in arrest or confinement pending trial shall be given priority.

Rule 801. Military judge's responsibilities; other mattet·s
(a) Responsibilities qf militwyjudge. The military judge is the presiding officer in a court-martial.
The military judge shall:
(I) Determine the time and unifom1 for each session of a court-martial;
(2) Ensure that the dignity and decorum of the proceedings are maintained;
(3) Subject to the UCMJ and this Manual, exercise reasonable control over the proceedings to
promote the purposes of these rules and this Manual;
(4) Rule on all interlocutory questions and all questions of law raised during the court-
martial as provided under subsection (e);
(5) Instruct the members on questions of law and procedure which may arise; and
(6) Atthe military judge's discretion, in the case of a victim of an offense under the UCMJ who
is under 18 years of age and not a member of the armed forces, or who is incompetent,
incapacitated, or deceased, designate the legal guardian(s) ofthe victim or the representative(s) of
the victim's estate, family members, or any other person deemed as suitable by the military judge
toassume the victim's rights under the UCMJ.
(A) The military judge is not required to hold a hearing before determining whether a
designation is required or before making such a designation under this rule.
(B) If the military judge determines a hearing under Article 39(a), UCMJ, is necessary, the
victim shall be notified of the hearing and afforded the right to be present at the hearing.
(C) The individual designated shall not be the accused.
(D) At any time after appointment, a designee shall be excused upon request by the
designee or a finding of good cause by the military judge.
(E) If the individual appointed to assume the victim's rights is excused, the military may
designate a successor consistent with this rule.
(b) Rules of court; contempt. The military judge may:
(1) Subject to R.C.M. 108, promulgate and enforce rules of comi.
(2) Subject to R.C.M. 809, exercise contempt power.
(c) Obtaining evidence. The comi-martial may act to obtain evidence in addition to that presented
by the parties. The right of the members to have additional evidence obtained is subject to an
interlocutory ruling by the military judge.
(d) Uncharged ojjenses. If during the trial there is evidence that the accused may be guilty of an
untried offense not alleged in any specification before the court-martial, the court-martial shall
proceed with the trial of the offense charged.
(e) Interlocutmy questions and questions of law.
(1) Rulings by the milita1y judge.
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(A) Finality of rulings. Any ruling by the military judge upon a question oflaw,

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