Page 279 - Trump Executive Orders 2017-2021

9982 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(C) Is to the military judge's knowledge likely to be a material witness in the proceeding.
(c) Definitions. For the purposes of this rule the following words or phrases shall have the
meaning indicated-
(1) "Proceeding" includes pretrial (to include pre-referral), trial, post-trial, appellate review,
or other stages of litigation.
(2) The "degree of relationship" is calculated according to the civil law system.
(d) Procedure.
(1) The military judge shall, upon motion of any party or sua sponte, decide whether the
military judge is disqualified.
(2) Each party shall be permitted to question the military judge and to present evidence
regarding a possible ground for disqualification before the military judge decides the matter.
(3) Except as provided under subsection (e) of this rule, if the military judge rules that the
military judge is disqualified, the military judge shall recuse himself or herself.
(e) Waiver. No military judge shall accept from the parties to the proceeding a waiver of any
ground for disqualification enumerated in subsection (b) of this rule. Where the ground for
disqualification arises only under subsection (a) of this rule, waiver may be accepted provided it
is preceded by a full disclosure on the record of the basis for disqualification.

Rule 902A. Application of sentencing rules
(a) Generally. Only one sentencing system applies in a court-martial. The accused at a single
court-martial with specifications alleging offenses committed before 1 January 2019 and on or
after 1 January 2019 will not be sentenced under separate sets ofrules. Accordingly, if an
accused is facing court-martial for several specifications alleging offenses, at least one of which
was committed before 1 January 2019 and at least one of which was committed on or after 1
January 2019, the convening authority may refer these offenses to either-
(1) a single court-martial where the applicable sentencing rules are the sentencing rules in
effect prior to 1 January 2019 and these apply to all offenses regardless of the date of the alleged
offense, unless the accused makes an election under subsection (b); or,
(2) separate courts-martial for the offenses alleged to have been committed before 1 January
2019 and the offenses alleged to have been committed on or after 1 January 2019.
(b) Election of sentencing rules applicable at a single trial. If the convening authority has
referred specifications alleging offenses committed before 1 January 2019 and on or after 1
January 2019 to a single court-martial pursuant to paragraph (a)(l), before the accused is
arraigned, the military judge shall ascertain, as applicable, whether the accused elects to be
sentenced under the sentencing rules in effect on 1 January 2019, which shall apply to all
offenses regardless ofthe date of the alleged offense.
(c) Form of election. The accused's election under subsection (b) shall be in writing and signed
by the accused or shall be made orally on the record. The military judge shall ascertain whether
the accused has consulted with defense counsel and has been informed of the right to make the
election of the applicable sentencing rules under subsection (b).
(d) lrrevocahle F:lection. Unless the military judge allows the accused to withdraw the election
for good cause shown, the accused's election of the applicable sentencing rules under
subsection (b) is irrevocable once made on the record and accepted by the military judge.

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Rule 903. Accused's elections on composition of com·t-martial

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