Prescription of Method of Designating a Member of the Military Sentencing Parameters and Criteria Board

This memorandum establishes rules for designating Navy and Marine Corps representatives to the Military Sentencing Parameters and Criteria Board when the chief trial judges selected under Article 26(g) of the Uniform Code of Military Justice do not include judges from those services. It specifies that the Judge Advocate General of the Navy or the Staff Judge Advocate to the Commandant of the Marine Corps (in consultation with the Navy JAG) would make alternate designations.

Federal Register Open PDF 87 FR 37971

Key directives

Judge Advocate General of the Navy shall designate Chief Judge of Department of the Navy or Navy trial judge as voting Board member if no Navy chief trial judge under Article 26(g)
Staff Judge Advocate to Commandant of Marine Corps, in consultation with Navy JAG, shall designate Marine Corps trial judge as voting Board member if no Marine Corps chief trial judge under Article 26(g)
Memorandum constitutes regulations under NDAA FY2022 section 539E(e)(4)(B)

Who is ordered

Timeline

Immediate

Memorandum takes effect upon issuance; constitutes regulations under NDAA FY2022 section 539E(e)(4)(B)

Near term (90d)

—

Long term

Ongoing application whenever chief trial judges under Article 26(g) lack Navy or Marine Corps representation

Risks & tensions

Minimal tension; procedural implementation of congressional directive. Potential uncertainty around 'in consultation with' standard for Marine Corps designation.