Requires every court-martial to keep a record of proceedings

Every court-martial is required to keep a record of proceedings

Every court-martial is required to keep a record of proceedings

ucmjlawfirm468RCM 1103(b)(2)(B). In a GCM, TC shall, under the direction of the MJ, cause the ROT tobe prepared and the reporters’ notes, however compiled, to be retained. The ROT must be verbatim if:

Every court-martial is required to keep a record of proceedings

  1. Any part of the sentence exceeds six months confinement, forfeiture of pay greaterthan two-thirds pay per month, any forfeiture of pay for more than six months, or other punishments which may be adjudged by a SPCM.
  2. A BCD has been adjudged.
  3. United States v. Embry , 60 M.J. 976 (A. Ct. Crim. App. 2005). Appellant spoke withsocial work assistant prior to trial. The intake notes of that assistant were litigated before trial. The intake notes were not marked or attached to the record as an appellate exhibit. The notes could not be located when asked for by the ACCA. The court determined that the MJ erred in not marking and attaching the intake notes to the record. Because the MJ considered them, the notes must be included in the ROT to effect appellate review of a ruling affecting the rights of the accused at trial. The court found that the government failed to rebut the presumption of prejudice arising from the incomplete ROT.
  4. United States v. Madigan , 54 M.J. 518 (N-M. Ct. Crim. App. 2000). Appellantasserted (among other allegations of error) that the ROT was incomplete because the Article 32 investigation was not included and the Article 34 SJA advice was also missing. Both allegations were without merit. The appellant waived his allegation of error regarding the Article 34 advice because no objection had been made, before, during or after trial. Also, the appellant alleged no prejudice from this error. The Article 32 was missing because the appellant had pled guilty and waived the Article 32 investigation.

RCM 1103 and the discussion list what must be included in or attached to the ROT. The ruleis supplemented by AR 27-10.

For a special (Court Martial Trial Practice Blog) court-martial, a verbatim transcript is required if a BCD is adjudged,confinement is greater than six months, or any forfeiture is for more than six months.

Summary court-martial records are governed by RCM 1305. See Appendix 15, MCM, andDD Form 2329.

Acquittals still need a ROT (summarized).

If an Article 39(a) session is called to order by the court a ROT is required. See RCM1103(e). For example, accused is arraigned and subsequent to arraignment, the charges are withdrawn and dismissed – prepare a summarized ROT.

What if a verbatim ROT cannot be prepared? See RCM 1103(f). But see United States v.Crowell , 21 M.J. 760 (N.M.C.M.R. 1985) (can reconstruct the record of trial to make it “verbatim”).