1. A. General. The prompt disposition of charges is essential to our system of military justice. An unexplained delay in the processing of charges at any stage may result in dismissal of the charges. When a decision concerning a delay is brought up at trial, the burden is on the government to justify the delay, to show that it was not intentional nor due to an oppressive design or neglect on the part of the National Guard. The period of time for which the government is accountable starts to run when the accused is placed in restraint or when charges have been preferred. The following are guidelines for avoiding unreasonable delays in the processing of the court-martial charges:

   1. 1. promptly send all court-martial files to higher headquarters;
   2. 2. investigate an incident immediately after it happens;
   3. 3. do not allow a case to remain in a unit because of the pressure of other duties;
   4. 4. if the accused is placed in pre-trial confinement, he will be served with a copy of the charges and taken into military custody or brought before the court for trial not later than 24 hours after the commencement of his pre-trial confinement. Exception to this policy may only be granted by the State Judge Advocate or his designated representative.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).

Historical Note

HISTORICAL NOTE: Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2383 (November 2009).