[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR17.3]



[Page 55-56]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 17_ADMINISTRATIVE PROCEDURES--Table of Contents

 

Sec.  17.3  Commission personnel.



    (a) Appointment and removal of Commission members. (1) In accordance 

with



[[Page 56]]



32 CFR part 9, the Appointing Authority shall appoint at least three but 

no more than seven members and one or two alternate members. The 

Appointing Authority may remove members and alternate members for good 

cause. In the event a member (or alternate member) is removed for good 

cause, the Appointing Authority may replace the member, direct that an 

alternate member serve in the place of the original member, direct that 

proceedings simply continue without the member, or convene a new 

commission. In the absence of guidance from the Appointing Authority 

regarding replacement, the Presiding Officer shall select an alternate 

member to replace the member in question.

    (2) The Presiding Officer shall determine if it is necessary to 

conduct or permit questioning of members (including the Presiding 

Officer) on issues of whether there is good cause for their removal. The 

Presiding Officer may permit questioning in any manner he deems 

appropriate. Consistent with 32 CFR part 9, any such questioning shall 

be narrowly focused on issues pertaining to whether good cause may exist 

for the removal of any member.

    (3) From time to time, it may be appropriate for a Presiding Officer 

to forward to the Appointing Authority information and, if appropriate, 

a recommendation relevant to the question of whether a member (including 

the Presiding Officer) should be removed for good cause. While awaiting 

the Appointing Authority's decision on such matter, the Presiding 

Officer may elect either to hold proceedings in abeyance or to continue. 

The Presiding Officer may issue any appropriate instructions to the 

member whose continued service is in question. A military commission 

shall not engage in deliberations on findings or sentence prior to the 

Appointing Authority's decision in any case in which the Presiding 

Officer has recommended a member's removal.

    (b) Military commission security officer. The Appointing Authority 

may detail a Security Officer to advise a military commission on matters 

related to classified and protected information. In addition to any 

other duties assigned by the Appointing Authority, the Security Officer 

shall ensure that all classified or protected evidence and information 

is appropriately safeguarded at all times and that only personnel with 

the appropriate clearances and authorizations are present when 

classified or protected materials are presented before military 

commissions.

    (c) Other military commission personnel. The Appointing Authority 

may detail court reporters, interpreters, security personnel, bailiffs, 

clerks, and any other personnel to a military commission as deemed 

necessary. In the absence of a detailing by the Appointing Authority, 

the Chief Prosecutor shall be responsible to ensure the availability of 

necessary or appropriate personnel to facilitate the impartial and 

expeditious conduct of full and fair trials by military commission.