Page 273 - Trump Executive Orders 2017-2021

9976 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

case of one other than a witness, properly to perform certain duties, is sufficient.

Rule 808. Record of trial
Trial counsel of a general or special court-martial shall take such action as may be necessary
to ensure that a record that will meet the requirements of R.C.M. 1112 can be prepared.

Rule 809. Contempt proceedings
(a) ln general. The contempt power under Article 48 may be exercised by a judicial officer
specified under subsection (a) of that article.
(b) Method (?f disposition
(1) Summary disposition. When conduct constituting contempt is directly witnessed by the
judicial officer during the proceeding, the conduct may be punished summarily; otherwise, the
provisions of paragraph (b )(2) shall apply. If a contempt is punished summarily, the judicial
officer shall ensure that the record accurately ref1ects the misconduct that was directly
witnessed by the judicial officer during the proceeding.
(2) Disposition upon notice and hearing When the conduct apparently constituting
contempt is not directly witnessed by the judicial oflicer, the alleged offender shall be brought
before the judicial oflicer outside the presence of any members and informed orally or in
writing of the alleged contempt. The alleged offender shall be given a reasonable opportunity to
present evidence, including calling witnesses. The alleged offender shall have the right to be
represented by counsel and shall be so advised. The contempt must be proved beyond a
reasonable doubt before it may be punished.
(c) Procedure. The judicial oflicer shall in all cases determine whether to punish for contempt
and, if so, what the punishment shall be. The judicial officer shall also determine when during
the court-martial or other proceeding the contempt proceedings shall be conducted. In the case
of a court of inquiry, the judicial officer shall consult with the appointed legal advisor or a
judge advocate before imposing punishment for contempt
(d) Record; review.
( 1) Record A record of the contempt proceedings shall be part of the record of the court-martial
or other proceeding during which it occurred. If the person was held in contempt, then a separate
record of the contempt proceedings shall be prepared and forwarded for review in accordance with
paragraph (2) or (3), as applicable.
(2) Review by convening authority. If the contempt punishment was imposed by a court of
inquiry, the contempt proceedings shall be forwarded to the convening authority for review.
The convening authority may approve or disapprove the contempt finding and all or part of the
sentence. The action of the convening authority is not subject to further review or appeaL
(3) RevieH' by Court<?! Criminal Appeals. If the contempt punishment was imposed by a
military judge or military magistrate, the alleged offender may file an appeal to the Court of
Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal
Appeals. The Court of Criminal Appeals may set aside the finding or the sentence, in whole or
in part.
(e) Sentence.
(1) ln general. The place of confinement for a civilian or military person who is held in
contempt and is to be punished by confinement shall be designated by the judicial officer who
imposed punishment for contempt, in accordance with regulations prescribed by the Secretary
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concerned. A judicial officer who imposes punishment for contempt may delay announcing the
sentence after a finding of contempt to permit the person involved to continue to participate in