La. Admin. Code tit. 41 § II-203
Current through Register Vol. 50, No. 12, December 20, 2024
Section II-203 - Unlawful Command InfluenceA. Convening Authority's Proper Role. The LCMJ permits the convening authority to play a dominant role in the court-martial process before and after trial. Before trial, the convening authority decides whether to convene a court-martial and refers the case to trial. After the trial, the convening authority has broad powers of clemency. But while the convening authority plays a dominant role before and after trial, the LCMJ has provisions to assure the independence of the court-martial during trial.B. Specific Prohibitions. Superiors may not direct how subordinate commanders' act on cases over which authority to act has not been withheld or restricted. A superior who believes a specific action (such as imposing non-judicial punishment, referring a case to trial, or ordering pretrial confinement) should be taken may not order the subordinate to take the desired action. Rather, until the accused has been arraigned on a charge, the superior retains authority to order that charge referred to him for disposition; after arraignment, the superior has no authority to take action on the charge. [See LCMJ Article 37, R.C.M. 104]La. Admin. Code tit. 41, § II-203
Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2354 (November 2009).AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).