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Can the military schedule an article 32 that conflicts with the civilian and military lawyer schedule to attend the hearing?

Los Angeles, CA |

Article 32, who attends

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Attorney answers 4

Posted

Yes, and your lawyer will request a continuance. You need to address these concerns to your lawyers.

Posted

They will have to request a delay of the hearing.
There is case law about depriving an accused of his right to have civilian counsel present, even at an Article 32 hearing.
If they are smart they will all agree to a reasonable delay.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Leonard C. Morales

Leonard C. Morales

Posted

I agree with Mr Cave. When I've run into this problem it usually works itself out once the 32 officer is "advised" correctly. Your lawyer should know who to talk to. If not then you need a lawyer familiar with the in's and out's of the Court Martial process.

Posted

The government could certainly schedule an Article 32 Hearing that could conflict with the dockets of the civilian defense attorney and/or detailed defense counsel. It is up your attorneys to formally request excludable delay in order to find a hearing date that the defense team can all attend. The Article 32 Officer and Convening Authority do not want a situation where the accused is not represented at his Article 32 Hearing, so all reasonable steps are taken to ensure that all required parties are available for the investigation hearing. v/r Gerry

Posted

Yes, but if this happens, your attorney should 1) alert the Art 32 officer of the conflict and request a delay, 2) request to reopen an Art 32 hearing in front of a judge. Most likely the judge would grant this motion if your attorney can show that they made timely requests and the Art 32 officer ignored them. You should still attend the hearing and just state for the record that you object to it without having your attorney present (this could considered your place of duty).

This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is novalegalservices@live.com or 804-955-9867.

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