Page 271 - Trump Executive Orders 2017-2021

9974 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(3) Effect on accused's rights general~y. An election by the accused to be absent pursuant to
paragraph (c)( I) shall not othervvise affect the accused's right to be present at the remainder of
the trial in accordance with this rule.
(e) Appearance and security of accused.
(1) Appearance. The accused shall be properly attired in the uniform or dress prescribed by
the military judge. An accused servicemember shall wear the insignia of grade and may wear any
decorations, emblems, or ribbons to which entitled. The accused and defense counsel are
responsible for ensuring that the accused is properly attired; however, upon request, the
accused's commander shall render such assistance as may be reasonably necessary to ensure that
the accused is properly attired.
(2) Custody. Responsibility for maintaining custody or control of an accused before and
during trial may be assigned, subject to R.C.M. 304 and 305, and paragraph (c)(3) of this rule,
under such regulations as the Secretary concerned may prescribe.
(3) Restraint. Physical restraint shall not be imposed on the accused during open sessions of
the court-martial unless prescribed by the military judge.

Rule 805. Presence of military judge, members, and counsel
(a) Alfililatyjudge. No court-martial proceeding, except the deliberations of the members, may
take place in the absence of the military judge. For purposes of Article 39(a) sessions solely,
the presence of the military judge may be satisfied by the use of audiovisual technology, such
as video teleconferencing technology.
(b) Members. Unless the accused is tried or sentenced by military judge alone, no court-martial
proceeding may take place in the absence of any detailed member except: Article 39(a) sessions
under R.C.M. 803; examination of members under R.C.M. 912(d); when the member has been
excused under R.C.M. 505, 912(f), or 912A; or as otherwise provided in R.C.M. 1104(d)(l).
(c) Counsel. As long as at least one qualified counsel for each party is present, other counsel for
each party may be absent from a court-martial session. An assistant counsel who lacks the
qualifications necessmy to serve as counsel for a party may not act at a session in the absence
of such qualified counsel. For purposes of Article 39(a) sessions, other than presentencing
proceedings under R.C.M. 1001, the presence of counsel may be satisfied by the use of
audiovisual technology, such as video teleconferencing technology.
(d) l:..Jfect of replacement of member or military judge.
( 1) lvfembers. When after presentation of evidence on the merits has begun, a new member is
impaneled under R.C.M. 912A, trial may not proceed unless the testimony and evidence
previously admitted on the merits, if recorded verbatim, is read to or played for the new member
in the presence of the military judge, the accused, and counsel for both sides, or, if not recorded
verbatim, and in the absence of a stipulation as to such testimony and evidence, the trial proceeds
as if no evidence has been presented.
(2) Milita1y judge. When, after the presentation of evidence on the merits has begun in trial
before military judge alone, a new militaty judge is detailed under R.C.M. 505(e)(2) trial may
not proceed unless the accused requests, and the military judge approves, trial by military judge
alone, and a verbatim record of the testimony and evidence or a stipulation thereof is read to or
played for the military judge in the presence of the accused and counsel for both sides, or the
trial proceeds as if no evidence had been presented.
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Rule 806. Public trial