U.C.M.J. Article 32 Hearing

In order for military charges and specifications to be referred to trial by General Court-Martial, the case must first be considered in an Article 32 Preliminary Hearing (UCMJ Article 32 and RCM 405).

What Happens In An Article 32 Hearing

In an Article 32 hearing, an appointed Preliminary Hearing Officer (PHO) considers the case (witnesses and evidence) and makes non-binding recommendations about his/her view of whether probable cause exists, how the case was, or should, be charged, and how the case should be resolved (a court-martial or some other course of action, to include dropping the case). These non-binding recommendations are then considered in the referral decision. An Article 32 hearing is not required for a Special Court-Martial.

An Article 32 Preliminary Hearing Officer (PHO) can make many different recommendations, but those recommendations do not have to be followed. For instance, the PHO can recommend that the case proceed to a General Court-Martial, that charges be amended or added, that the case proceed to Special Court-Martial, that alternative dispositions (such as administrative discharge, resignation, or nonjudicial punishment) be considered, or that the case be dropped altogether; however, again, the recommendations of the PHO are not binding.

In recent years, Article 32 hearings have been changed in significant ways. Often, this leads prosecutors to suggest that the hearing is now nothing more than a meaningless formality before a military case is referred to trial by court-martial. We maintain that Article 32 hearings still can be very important hearings, in which evidentiary issues and legal issues that impact case disposition recommendations can be exposed and leveraged to the advantage of the accused.

As such, an Article 32 hearing can still be an important strategic opportunity for the defense, and important decisions regarding this hearing must be made within court-martial processing. Given the jeopardy faced by military members in court-martial trials, experienced and aggressive defense representation is crucial at an Article 32 hearing.

You Need Strong And Experienced Defense Representation For A Possible Article 32 Hearing

Defending military members in the court-martial process, including Article 32 hearings, is what our civilian court-martial defense lawyers do. We have combined decades of military law and military justice experience. The only type of law we handle is military law. Our civilian criminal defense attorneys and former active duty military JAG lawyers exclusively defend military members stationed around the world who are facing military trials, discipline and investigations.

If you’re facing military court-martial allegations and an Article 32 hearing, please don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.