Page:Title 3 CFR 2002 Compilation.djvu/224

 Executive Orders EO 13262 Section 1. Thirty days after the date of this Executive Order, the provisions of Federal Rule of Evidence 415, adopted September 13, \177994, will no longer be applicable to the Military Rules of Evidence. This evidentiary rule became applicable to courts-martial on January 6, 1996, pursuant to Military Rule of Evidence \17702. Sec. 2. The last subparagraph of paragraph 4, of Part I, of the Manual for Courts-Martial, United States, is amended as follows: "The Manual shall be identified as "Manual for Courts-Martial, United States (2002 edition)." Any amendments to the Manual made by Executive Order shall be identified as "2002" Amendments to the Manual for Courts- Martial, United States" ; "2002" being the year the Executive Order was signed. If two or more Executive Orders amending the Manual are signed during the same year, then the second and any subsequent Executive Or- ders will be identified by placing a small case letter of the alphabet after the last digit of the year beginning with "a" for the second Executive Order and continuing in alphabetic order for subsequent Executive Orders.". Sec. 3. Part II of the Manual for Courts-Martial, United States, is amended as follows: a. R.C.M. 201(f)(2)(t\177) is amended to read as follows: "(i) Upon a finding of guilty, special courts-martial may adiudge, under limitations prescribed by this Manual, any punishment authorized under R.C.M. \177003 except death, dishonorable discharge, dismissal, con- finement for more than \177 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year. "(ii) A bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may not be adiudged by a special court-martial unless: "(a) Counsel qualified under Article 27(b) is detailed to represent the accused; and "(b) A military iudge is detailed to the trial, except in a case in which a military iudge could not be detailed because of physical con- ditions or military exigencies. Physical conditions or military exigen- cies, as the terms are here used, may exist under rare circumstances, such as on an isolated ship on the high seas or in a unit in an inacces- sible area, provided compelling reasons exist why the trial must be held at that time and at that place. Mere inconvenience does not con- stitute a physical condition or military exigency and does not excuse a failure to detail a military iudge. If a military iudge cannot be de- tailed because of physical conditions or military exigencies, a bad-con- duct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may be adiudged provided the other conditions have been met. In that event, however, the convening au- thority shall, prior to trial, make a written statement explaining why a military iudge could not be obtained. This statement shall be ap- pended to the record of trial and shall set forth in detail the reasons why a military iudge could not be detailed, and why the trial had to be held at that time and place." b. R.C.M. 70\177(b)(4) is amended to read as follows: 2JJ

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