Convening authority (court-martial)

A Convening Authority in the context of military justice, specifically courts-martial, is a commanding officer who possesses the legal authority to convene (i.e., order and establish) a court-martial. The specific rank and command responsibilities required for a commanding officer to serve as a Convening Authority are defined by the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM).

The Convening Authority plays a crucial role in the court-martial process. Their responsibilities include:

• Deciding to convene a court-martial: The Convening Authority determines whether sufficient evidence and justification exist to warrant initiating court-martial proceedings against an accused service member. This decision is typically made after considering the results of an investigation (e.g., an Article 32 hearing in the case of a General Court-Martial) and the recommendations of their legal advisors.

• Determining the type of court-martial: Based on the severity of the alleged offenses and other factors, the Convening Authority decides which type of court-martial is appropriate: Summary Court-Martial, Special Court-Martial, or General Court-Martial. Each type has different jurisdictional limits regarding the punishments that can be imposed.

• Detailing members (jury) and personnel: The Convening Authority selects and details the members of the court-martial panel (the jury, if applicable) and also details essential personnel, such as the military judge (except in Summary Courts-Martial where an officer serves as both judge and prosecutor), trial counsel (prosecutor), and defense counsel. The Convening Authority must ensure that members and personnel meet the qualifications outlined in the UCMJ and MCM.

• Reviewing and approving pre-trial agreements: The Convening Authority may review and approve pre-trial agreements, such as plea bargains, negotiated between the prosecution and the defense.

• Post-trial actions (General Courts-Martial): In General Courts-Martial, after a finding of guilty, the Convening Authority has the power to approve, disapprove, or reduce the sentence adjudged by the court-martial. They can also suspend all or part of the sentence. This authority is subject to certain limitations and is subject to further appellate review.

The Convening Authority is not permitted to unlawfully influence the proceedings or the decisions of the court-martial members. They must act impartially and in accordance with the law. The decisions of the Convening Authority are subject to scrutiny and potential reversal on appeal.