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Court Invalidates Exclusion of Chaplains From Court Martial Panels

By Howard M. Friedman

Article 25 of the Uniform Code of Military Justice provides that any commissioned officer on active duty is entitled to serve on a court martial panel. However all branches of the armed forces have a policy of exempting chaplains from serving on courts martial. The Army also excludes medical personnel and inspectors general. (Army Regulation 27-10, Chapter 7). In United States v. Bartlett, (US Ct. App. A.F., July 7, 2008), the U.S. Court of Appeals for the Armed Forces held that Army regulations excluding chaplains, medical personnel and inspectors general from serving are invalid. However, the court refused to order a new sentencing hearing for appellant, finding that the error involved was harmless. The ruling was handed down after the court granted discretionary review in the case of an Army Lieutenant Colonel convicted of unpremeditated murder and sentenced to 25 years in prison and dismissal from the Army. Judge Erdmann concurred, but took issue with language in the majority decision suggesting that improper court member selection would never be considered to be "structural error". [Thanks to Charlotte E. Hunter for the lead.]

Full post as published by Religion Clause on July 22, 2008 (boomark / email).