R.C.M. 105 — Direct communications: convening authorities and staff judge advocates; among staff judge advocates; with special trial counsel

Chapter I · General Provisions

R.C.M. 105. Direct communications: convening authorities and staff judge advocates; among staff judge advocates; with special trial counsel

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (1)

(a) Convening authorities and staff judge advocates. Convening authorities shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice, and may communicate directly with special trial counsel, although any input by the convening authority regarding case dispositions shall be non-binding on the special trial counsel for cases involving covered, known, and related offenses.

Discussion

See R.C.M. 103(18) for a definition of staff judge advocate.

(b) Among staff judge advocates and with the Judge Advocate General. The staff judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command, the Judge Advocate General, or, in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps.

(c) Communications among special trial counsel, staff judge advocates, and convening authorities. Special trial counsel, staff judge advocates, and convening authorities may communicate directly while ensuring that all communications regarding case disposition for covered, related, and known offenses are non-binding on the special trial counsel.

(d) Free from unlawful or unauthorized influence or coercion. All communications referenced in this rule shall be free from unlawful or unauthorized influence or coercion.

Discussion

See Article 37, UCMJ and 10 U.S.C. §1044f.

Cross-referencesCited by 1Cites 2

Cited by

Provisions elsewhere in the Manual whose text cites R.C.M. 105. Each link opens the citing provision.

MCM Appendix 2.1 — Disposition Guidance

App. 2.1, ¶ 2.2 — Considerations in All Cases

…with their assigned judge advocates in matters relating to the administration of military justice (see R.C.M. 105).

R.C.M. 105 cites

Provisions named in the text of R.C.M. 105. Where the cited provision is on this site, the link opens it.