Can the public attend a court martial?

A court martial, also referred to as an Article 32 proceeding under the Uniform Code of Military Justice (UCMJ), is almost always open for the public to attend. Some aspects of courts martial are also governed by Constitutional prerogative, which may allow press coverage of trials. Article 32 proceedings are also reported by Department of Defense (DOD) media, which allows the public to keep up with or track court martial proceedings on the DOD website, or the website for the branch of the military conducting the trial.

Military courts of appeal have noted that the right to a public court martial hearing is not absolute, and a court may, on occassion and with good reason, close the court martial. If a trial involves sensitive material involving national security, or material the military court deems is not appropriate for public, then a court martial may be closed; it is not easy to close a military court martial to the public, however. Although concerns may exist about disclosing security secrets, a military court must also:

• (a) worry about whether or not the deterrent effect of a trial is lost if the public is excluded;
• (b) acknowledge the fact that the public has an absolute right to know about military justice; and
• (c) be determined to maintain justice in a consistent, even civilian, manner as non-military courts do.

As a result of these concerns, there must be a compelling reason to close all of an Article 32 hearing, in any phase. If there is to be a public closure in any form, that closure may be limited only to the evidence that presents any security concerns or other risks that the public should not know about. In order to close any part of a court martial, military courts will make a decision based on a case-by-case, witness-by-witness, and circumstance-by-circumstance basis. Consult an experienced military justice attorney with specific questions about whether or not a particular court martial proceeding should be closed, in whole or in part, to the public.

Case Studies: Public Attendance at Court Martials

Case Study 1: Open Court Martial Proceedings

John, a member of the public, attended a court martial to observe the legal process. He learned that court martials, also known as Article 32 proceedings under the Uniform Code of Military Justice (UCMJ), are generally open to the public. John accessed information about upcoming trials on the Department of Defense (DOD) website and attended a court martial to gain a better understanding of the military justice system.

Case Study 2: Limited Closure of Court Martial
Emily, a journalist, wanted to report on a court martial but discovered that closures can occur in certain circumstances. Closure may happen if the trial involves sensitive material related to national security or if the court deems specific evidence inappropriate for public disclosure. Emily consulted military justice attorneys to understand the factors that can lead to limited closure of court martials.

Case Study 3: Public Access Despite Security Concerns
Sarah, a law student, desired to attend a court martial to study military law in practice. She had concerns about security issues and potential closures. Sarah found that while security concerns are considered, military courts aim to maintain public access. Closure, if any, would be limited to specific evidence presenting security concerns. Sarah was reassured that public access to court martials is generally preserved with appropriate security measures.