La. Admin. Code tit. 41 § II-516

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

Section II-516 - Detailing and Duties of Court Members

A. The convening authority shall detail qualified persons as members for courts-martial. He may detail as members of general and special courts-martial persons under his command or others made available by another commander even if those persons are members of an armed force different from that of the convening authority or accused.

B. Qualifications. The members detailed to a court-martial shall be those persons who in the opinion of the convening authority are best qualified for the duty by reason of their age, education, training, experience, length of service, and judicial temperament. Each member shall be a member of the Louisiana National Guard and shall be:

1. a commissioned officer;

2. a warrant officer, except when the accused is a commissioned officer; or

3. an enlisted person if the accused is an enlisted person and has made a timely request under R.C.M. 503(a)(2).

C. Enlisted Members. An enlisted accused may, before assembly, request orally on the record or in writing that enlisted persons serve as members of the general or special court-martial to which that accused's case has been or will be referred. If such a request has been made, an enlisted accused may not be tried by a court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total number of members unless eligible enlisted members cannot be obtained because of physical conditions or military exigencies. If the appropriate number of enlisted members cannot be obtained, the court-martial may be assembled, and the trial may proceed without them, but the convening authority shall make a detailed written explanation why enlisted members could not be obtained which must be appended to the record of trial.

D. Duties. The members of a court-martial shall determine whether the accused is proved guilty and, if necessary, adjudge a proper sentence, based on the evidence and in accordance with the instructions of the military judge. Each member has an equal voice and vote with other members in deliberating upon and deciding all matters submitted to them, except as otherwise specifically provided in these rules. No member may use rank or position to influence another member. No member of a court-martial may have access to or use in any open or closed session this Regulation, the Manual for Courts-Martial, reports of decided cases, or any other reference material, except for instructions or other documents provided by the military judge.

E. President. The president of a court-martial shall be the detailed member senior in rank then serving. He shall have the same duties as other members and shall also preside over closed sessions of the members of the court-martial during their deliberations and speak for the members of the court-martial when announcing the decision of the members or requesting instructions from the military judge.

F. Changes of Members

1. Before assembly. Before the court-martial is assembled, the convening authority may change the members of the court-martial without showing cause. The convening authority may delegate authority to excuse individual members to the State Judge Advocate or legal officer or other principal assistant to the convening authority. Before the court-martial is assembled, the convening authority's delegate may excuse members without cause shown; however, no more than one-third of the total number of members detailed by the convening authority may be excused by his delegate in any one court-martial. After assembly, the convening authority's delegate may not excuse members.

2. After assembly. After assembly, no member may be excused, except:

a. by the convening authority for good cause shown on the record;

b. by the military judge for good cause shown on the record;

c. as a result of a challenge under R.C.M. 912.

3. New Members. New members may be detailed after assembly only when, as a result of excusals under this Paragraph, the number of members of the court-martial is reduced below six, or the number of enlisted members, when the accused has made a timely written request for enlisted members, is reduced below one-third of the total membership.

La. Admin. Code tit. 41, § II-516

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2383 (November 2009).

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