La. Admin. Code tit. 41 § II-109

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-109 - Construction and Precedence

A. Principles of Construction. This Regulation and other military justice source materials shall be construed to secure simplicity in procedure, elimination of unjustifiable expense and delay, and fairness and efficiency in administration to the end that truth may be ascertained and proceedings justly determined.

B. Order of Precedence. Unless express authority or the context clearly indicate otherwise, the following authorities are applicable to the administration of military justice under the LCMJ in the following order of precedence:

1. the LCMJ and other provisions contained in La. Revised Statutes Title 29 [See, e.g. La. R.S. 29:11(F).];

2. the Military Rules of Evidence (M.R.E.) and Rules for Courts-Martial (R.C.M.);

3. Louisiana laws concerning criminal trials and procedures (e.g. La. C.Cr.P., La. C.E., etc);

4. the UCMJ.

C. Special Rules/Secondary Authorities.

1. Louisiana court decisions may be used in interpreting or construing Louisiana authorities (the LCMJ, La. R.S., this Regulation, and other Louisiana laws and rules concerning criminal trials and procedures). Decisions of the U.S. Supreme Court, other federal courts, and the U.S. Court of Military Appeals (U.S.C.M.A.) may be cited in interpreting or construing federal authorities (e.g. M.R.E.., R.C.M., UCMJ, and MCM). Decisions of the Courts of Military Review do not constitute precedent authority, but they may be cited as guidance or persuasive authority.

2. Other active component publications (regulations, pamphlets, etc.) not applicable to the National Guard when not in federal service may be used for guidance in administering military justice, but shall not be regarded as directive, particularly if they are incompatible with the general nature and organization of, or special procedures established or authorized by law for Louisiana National Guard military justice activities.

D. Matters Not Covered. All matters relating to the administration of military justice in the organized militia not otherwise provided for herein shall be decided by the customs and usage of the appropriate force or of the Armed Forces of the United States.

E. Consensual Departure Authorized. Nothing contained in this Regulation or other military justice authority shall prevent departure from any of the procedural requirements prescribed for military justice actions provided that the defendant makes a voluntary, knowledgeable, and intentional declaration on the record of his intention and desire to so depart.

La. Admin. Code tit. 41, § II-109

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2353 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).