Page 280 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9983

(a) In general.
(1) Except in a special court-martial consisting of a military judge alone under Article
16( c )(2)(A), before the end of the initial Article 39(a) session or, in the absence of such a
session, before assembly, the military judge shall ascertain, as applicable:
(A) In the case of an enlisted accused, whether the accused elects to be tried by a court-
martial composed of-
(i) at least one-third enlisted members; or
(ii) all officer members.
(B) In all noncapital cases, whether the accused requests trial by military judge alone.
(2) The accused may defer requesting trial by military judge alone until any time before
assembly.
(b) Form ~{election. The accused's election or request, if any, under subsection (a), shall be in
writing and signed by the accused or shall be made orally on the record.
(c) Action on election.
(1) Request for .~pec{fic panel composilion. If an enlisted accused makes a timely election
under subparagraph (a)(1)(A), the convening authority, unless a sutTicient number of members
have already been detailed, shall detail a sufficient number of additional members to the court-
martial in accordance with R.C.M. 503 or prepare a detailed written statement explaining why
physical conditions or military exigencies prevented such detail. Proceedings that require the
presence of members shall not proceed until either there is a sufficient number of additional
members or the convening authority has prepared a written statement.
(2) Request for military judge alone. Upon receipt of a timely request for trial by military
judge alone the military judge shall:
(A) Asce1tain whether the accused has consulted with defense counsel and has been
informed of the identity of the military judge and of the right to trial by members; and
(B) Approve or disapprove the request, in the military judge's discretion.
(3) Composition. Trial shall be by a court-martial composed of the members in accordance
with the convening order, unless the case is referred for trial by military judge alone under
Article 16(c)(2)(A), the military judge grants a request for trial by judge alone, or there is a
request for a specific panel composition under subparagraph (a)(l)(A).
(d) Right to withdraw request.
(1) Specific panel composition. An election by an enlisted accused under subparagraph
(a)(l)(A) may be withdrawn by the accused as a matter of right any time before the end of the
initial Article 39(a) session, or, in the absence of such a session, before assembly.
(2) Military judge. A request for trial by military judge alone may be withdrawn by the
accused as a matter of right any time before it is approved, or even after approval, if there is a
change of the military judge
(e) Untimely requests. Failure to request, or failure to withdraw a request for a specific panel
composition or trial by military judge alone in a timely manner shall waive the right to submit
or to withdraw such a request. However, the military judge may, until the beginning of the
introduction of evidence on the merits, as a matter of discretion, approve an untimely request
or withdrawal of a request.

Rule 904. Arraignment
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