In a Summary Court Martial, who may subpoena non-DoD civilian witnesses?

In a Summary Court Martial, who may subpoena non-DoD civilian witnesses?

• A. Trial Counsel
• B. Judge Advocate General
• C. Staff Judge Advocate
• D. Summary Court-Martial Officer

Answer: (D)

In a Summary Court-Martial, the person who presides over the proceeding has the authority to compel attendance of witnesses, including non-DoD civilians. This presiding officer—the Summary Court-Martial Officer—holds the subpoena power to ensure the record includes all necessary testimony and that the trial proceeds fairly. The prosecuting attorney (trial counsel) presents the government’s case and may request a subpoena, but does not independently issue subpoenas. The Judge Advocate General and the Staff Judge Advocate provide legal guidance and oversight, not the authority to compel civilian witnesses to appear in an SCM. So, the ability to subpoena non-DoD civilian witnesses rests with the Summary Court-Martial Officer.

In a Summary Court-Martial, the person who presides over the proceeding has the authority to compel attendance of witnesses, including non-DoD civilians. This presiding officer—the Summary Court-Martial Officer—holds the subpoena power to ensure the record includes all necessary testimony and that the trial proceeds fairly. The prosecuting attorney (trial counsel) presents the government’s case and may request a subpoena, but does not independently issue subpoenas. The Judge Advocate General and the Staff Judge Advocate provide legal guidance and oversight, not the authority to compel civilian witnesses to appear in an SCM. So, the ability to subpoena non-DoD civilian witnesses rests with the Summary Court-Martial Officer.