HAR §7-4-15. Action when charges are to be referred for trial

(a) The convening authority shall contact the state judge advocate for the case number to be inserted in item thirty-one. Case numbers shall be assigned in numerical sequence, using the year and consecutive numbering (for example, 1983-1, 1983-2, 1983-3, etc.) and start anew each year. (b) The convening authority shall then contact the office of the appropriate judge advocate to obtain a law officer, trial and defense counsel, as required, to conduct the court-martial. (c) Upon selection of any law officer, trial counsel and defense counsel (military or civilian), the convening authority shall publish orders appointing the military personnel to serve in their respective capacities. A sample order is contained in the exhibit entitled "Annex 14" dated 1 November 1984, located at the end of this subtitle. (d) The convening authority shall then complete item twenty-six. This action refers the charges to the previously appointed court-martial for trial. (e) The convening authority shall notify the accused of the name, address and phone numbers of the assigned military defense counsel. (f) If the accused waives right to military counsel, the accused shall do so in writing. The convening authority shall then notify the office of the appropriate staff judge advocate in order to release the military defense counsel for other assignment. (g) Block twenty-seven shall not be completed in the case of a summary court-martial. In all other cases it shall be accom-plished and completed by the trial counsel. (h) The "Record of Trial by Summary Court-Martial" section of the charge sheet shall be completed by the summary court officer. (i) The remainder of the charge sheet shall be completed after the trial and review are completed. [Eff: FEB 11 1985] (Auth: HRS §§124A-61, 124A-171) (Imp: HRS §124A-51) BACK TO TOP