CONTEMPT PROCEEDINGS

Against

Lieutenant John A. Doe, U.S. Navy in the trial of the United States v. Very C. Pistol, Fireman, U.S. Navy, tried by Special Court-Martial convened by the Commanding Officer, USS DWIGHT D. EISENHOWER (CVN 69) on board USS DWIGHT D. EISENHOWER at sea, on 7 June 19CY. The contempt proceedings commenced at 1920 hours, 7 June 19CY.

(Here follows a verbatim transcript of the contempt proceedings.) The contempt proceeding ended at 1941 hours, 7 June 19CY, and the court then proceeded with the trial of Fireman Very C. Pistol, U.S. Navy.

AUTHENTICATION OF CONTEMPT PROCEEDINGS

(Military Judge or President)

Figure 3-3.-Sample format for contempt proceedings.

page. See figure 3-4 for a sample format to be used for certificates of correction.

PROCEEDINGS IN REVISION

Proceedings in revision maybe directed to correct an apparent error, omission, or improper or inconsistent action by the court-martial that can be rectified by reopening the proceedings without material prejudice to the accused.

Because the action at proceedings in revision is corrective, proceedings in revision may not be conducted for the purpose of presenting additional evidence.

Examples of when proceedings in revision are appropriate include (1) correction of an ambiguous or apparently illegal action by the court-martial, (2) inquiry into the terms of a pretrial agreement, and (3) inquiry to establish the accused's awareness of certain rights.

The normal steps to be followed in proceedings in revision are as follows:

1. The CA returns the record to the TC with a letter pointing out the defects and directing proceedings in revision.

2. The court convenes. _{Only members who} participated in the original findings and sentence may sit in the proceedings in revision. Some members may be absent so long as a quorum is present. However, if the court that heard the case has already been dissolved by an order, there can be no proceedings in revision. If necessary, the CA may detail a new military judge, TC, and DC who must be sworn during the proceedings in revision (unless previously sworn). If, however, a military judge alone adjudged the original findings and sentence, a new military judge may not be detailed to proceedings in revision.

3. The TC reads the CA's letter in open court and announces that it will be inserted in the record. The ruling officer then instructs the court, as necessary.

4. The court closes to reconsider the findings or sentence and cure the defect.

5. The court opens and announces its action. The court may revoke its former findings or sentence and announce a new finding or sentence; or it may adhere to its former findings and sentence.

6. The court then adjourns.

You will prepare the record of proceedings in revision and have it authenticated in the same manner as the original record of trial. Use SSEs in recording opening, closing, calling the court to order, adjournments, and so on.

Insert the original of the proceedings in revision in the original record of trial immediately following the authentication page, or certificate of correction, if used. Copies are placed in all copies of the record. Serve a copy on the accused and attach his or her receipt to the original record of trial. Then return the record to the CA for action.