Office of Military Justice

Military Justice References

Below is a list of useful references and websites pertaining to military justice. These documents provide the laws, statutes, regulations, rules, and policies governing military justice practice in the Coast Guard.

• Constitution of the United States
• Manual for Courts-Martial (MCM)

For the most up-to-date MCM materials, please visit the Joint Service Committee Website:
http://jsc.defense.gov/Military-Law/Current-Publications-and-Updates/

The Court of Appeals for the Armed Forces (CAAF)  http://www.armfor.uscourts.gov/newcaaf/home.htm -  The CAAF website hosts CAAF opinions, the CAAF Rules, a calendar of scheduled hearings and various other resources. CAAF also maintains a topical index of its opinions here. https://www.armfor.uscourts.gov/newcaaf/opinions.htm​ 

The Coast Guard Court of Criminal Appeals (CGCCA) - The CGCCA website hosts the CGCCA’s Rules of Practice and Procedure and an archive of the CGCCA’s published and unpublished opinions.  https://www.uscg.mil/Resources/legal/Court-of-Criminal-Appeals/

Coast Guard Trial Judiciary

• Coast Guard Rules of Practice Before CG Courts-Martial (02 Jan 2025)
• Coast Guard Rules of Practice – Appendix A – Model Trial Management Order (TMO) (Jan 2025)
• Coast Guard Rules of Practice – Appendix B – Model Motion Template (Jan 2025)
• Coast Guard Motion Template (Oct 2019)
• Template Pretrial Motion Response
• Annotated Model PTA
• Model Plea Agreement

Additional References Pertinent to Military Justice

The following are Practice Guides developed by the Office of Military Justice, COMDT (CG-LMJ), and other reference materials:

• How to Contact a Defense Attorney
• DHS Secretary Court-Martial Convening Authority Designations 2025
• CG - Navy MOU for Defense Support
• Notice of Offense - OCP - 2025

Military Justice Manual (MJM)

The MJM can be found on the Coast Guard Directives website. 

• https://media.defense.gov/2021/Jul/14/2002762684/-1/-1/0/CIM_5810_1H.PDF

Military Justice Templates

Below is a list of useful templates that can be used for guidance, and have been developed by the Office of Military Justice, Commandant (CG-LMJ), based on numerous requirements set forth by the MJM, MCM, and other federal codes and statutes.

• General / Special Court-Martial Checklist
• Summary Court-Martial Checklist

Chapter 2. Nonjudicial Punishment (NJP)

• 2.H.1. CG Defense Services Tri-fold (consultation with a military attorney) - M5810.1H
• 2.K.10. NJP Script and Guide - M5810.1H
• 2.M.1.a. Template Letter of Censure - M5810.1H
• 2.M.2. Template  Restriction Letter - M5810.1H
• 2.R.4. Template Record of Proceedings of Vacation of Suspended NJP - M5810.1H
• 2.R.5. NJP Vacation Proceeding Script - M5810.1H
• 2.U.5. NJP Appeal and CO's Endorsement - M5810.1H
• NJP Checklist

Chapter 3. Summary Courts-Martial (SCM)

• 3.C.2. Acknowledgement of Rigths-Acceptance of SCM - M5810.1H
• 3.F.3. SCM Convening Order - M5810.1H
• 3.H.1. SCM Memorandum - M5819.1H
• 3.I.1.c. JAG SCM  Review no corrective action required - M5810.1H
• 3.I.1.e. JAG SCM Review corrective action required- M5810.1H
• 3.I.1.f. OEGCMJ SCM Action - M5810.1H
• SCM Word Version of MCM Appendix 9 (Script)

Chapter 4. Jurisdiction

•  4.H.1. MOU Between the DOJ and Coast Guard, 1967 - M5810.1H

Chapter 6. Pretrial Restraint and Confinement

• 6.B.4. Notification of Pretrial Confinement - M5810.1H
• 6.B.2 Confinement Order
• 6.C.1.d. 72 Hour Memorandum - M5810.1H
• 6.C.2.c. (1)  IRO Script - M5810.1H
• 6.C.2.c. (2) IRO Acknowledgement of Rights - M5810.1H
• Information about the uniform and sea bag required items for Navy brigs is available on the Navy’s web site here: Brigs. Detailed lists of required items, as well as confinement checklists and forms related to confinement, are available by clicking on the particular Navy brig, then clicking on “Additional Resources.”

Chapter 7. Pre-Referral Matters

• 7.B.3. 2703f preservation request (cell phone) - M5810.1H
• 7.B.3. 2703f preservation request (extension) - M5810.1H 
• 7.B.3. 2703f preservation request (generic) - M5810.1H
• 7.C.1.a. Investigative Subpoena Application - M5810.1H
• DD3056 (18 USC 2703 search warrant and return)
• DD3057 (18 USC 2703 application for search and seizure)

Chapter 10. Preliminary Hearing Under Article 32, UCMJ

• 10.A.6. PHO Script
• 10.A.6. Article 32 PHO Guide (NJS, Feb 2019)
• 10. DD 457 PHO Report (Jan 2019)

Chapter 11. Referral of Charges to Special or General Courts-Marital

• 11.B.1 Convening Order - M5810.1H

Chapter 13. Courts-Martial Personnel

• 13.E.3. Bailiff Guide - M5810.1H
• 13.E.7.c. Court-Martial Members Questionnaire - M5810.1H

Chapter 15. Authority to Grant Immunity from Prosecution

• 15.B.2. Transactional Immunity - M5810.1H
• 15.C.1. Testimonial Immunity - M5810.1H

Chapter 16. Information and Services to be Provided to Victims and Witnesses

• 16.A.6. Trial Counsel Crime Victim Rights Checklist - M5810.1H

Chapter 17. Witness Reimbursement

• 17.B.6. Guide to Reimbursement for Civilian Witnesses - M5810.1H

Chapter 18. Oaths, Article 39(a), UCMJ Sessions, Release of Information, and Spectators

• 18.C.1 Court-Martial Public Affairs Guide - M5810.1H

Chapter 19. Article 62 appeals

• TJAG memo of 17 Jun 2025

Chapter 20. Sentencing Matters

• 20.G.1. Appellate Rights Notice (automatic review) - M5810.1H
• 20.G.1. Appellate Rights Notice (direct appeal) - M5810.1H (Aug 2025)
• 20.G.1. Appellate Rights Notice (not eligible for direct appeal or auto review) - M5810.1H

Chapter 21. Post-Trial Processing in General and Special Courts-Martial, Cases Referred After January 1, 2019

• 21.A.1. Statement of Trial Results - M5810.1H
• 21.B.2 Confinement Order
• 21.B.3. Victim Notification - M5810.1H
• 21.C.4. CA Action and Entry of Judgment - M5810.1H
• 21.E.4.a. Court Reporter Certificate - M5810.1H
• 21.E.8. Post-Trial Processing Guide - M5810.1H (with Enclosures)

Chapter 22. Review of Courts-Martial, Cases Referred After January 1, 2019

• 22.A.2.b. RCM 1201 Review Memorandum - M5810.1H

Chapter 27. Search Authorizations

• 27.F.1.b. Search Authorization Application Script - M5810.1H

Chapter 28. Delivery of Personnel to Civilian Authorities

• 28.D.4. Waiver of Extradition - M5810.1H
• 28.E.2. Delivery Agreement - M5810.1H
• Post-Trial, General and Special Courts-Martial, Cases Referred Prior to January 1, 2019
• Model SJAR

   

• 1112 Action
• Promulgation Order
• Sample 1112 Review
• Supplement to Report of Results of Trial for Misdemeanor Crimes of Domestic Violence

Applying for the CG-LGL-12 Officer Subspecialty Code (Military Justice Litigation Practitioner)

Military Justice Experience Survey: Please complete this survey and attach it to a completed Form CGHQ-5319B to request assignment of the CG‑LGL‑12 Officer Subspecialty Code (OSC) (Military Justice Litigation Practitioner). Forms may be sent to the CG‑LGL‑12 Specialty Manager at smb-comdt-lst-cg-lmj@uscg.mil.

The purpose of the Officer Specialty Management System (OSMS) generally, and of CG-LGL-12 in particular, is to assist the Legal Specialty Managers in assessing, in detail, officers’ relevant experience, both qualitative and quantitative, for the full range of litigation billets and other litigation-related opportunities. We appreciate that completing the form in detail (including on continuation pages) will require significant time and effort, especially the first time an officer is completing it, and we thank you for taking the time and effort to complete it thoroughly.

Please ensure the survey is completed with details sufficient to allow the Specialty Managers (in LPD and LMJ) to gain a thorough understanding of your military justice litigation experience for use during the assignment process or in assessing candidates’ applications for other opportunities, including at least the following information:

• Training: If a course is on your ESS or 4082 then list the training name, agency that hosted it, and year attended; if the course is not in your record and you are relying on the training to meet a particular level of qualification, then additional documentation may be needed. Also, if the course is not a standard one, please include details regarding course length and content.
• Litigation Cases: For each case, please list at least: the case name and year of trial, the military service court, your specific role (e.g., STC, DC (IMC?), aTC, SVC, appellate govt/defense) and number of co-counsel (and any special role you had, like supervisory counsel for a junior aTC), venue (e.g., GCM/SpCM/Article 16(c)(2)(A) SpCM/SCM, and members/judge alone/SCM Officer), UCMJ articles charged (noting nature of charge if necessary, including for charges under Article 134, and identifying covered offenses (CO)), resolution mechanism (e.g., contested/plea/mixed plea), resolution (G/NG for each specification, SILT, etc.), and appellate status, if any (e.g., appeal complete—upheld/overturned in part).
  • Please also consider including any relevant details that will allow the Specialty Managers to understand the nature and amount of work you personally performed in each case. That may include: whether you litigated an IRO/PTC hearing and/or Article 32 hearing, the number and type of motions you briefed and whether you argued them/outcome, any CGCCA or CAAF oral arguments, etc. Identify litigation experience involving Covered Offenses (CO) versus non-CO in detail: for example, cases may be initially investigated as including a CO but charged as a non-CO, or charged as a CO but pled to a non-CO. This information may assist to more fully evaluate competing candidates for a given opportunity.
  • Example: US v. NAME (military service, year of trial), Role (number of co-counsel, consider describing your participation-Opening/Closing/# direct exams/# cross-exams; acted as supervisory counsel for junior aTC), Venue - Offenses charged (noting Covered Offenses (CO)), Disposition (contested/plea/ alternate dispo sentence, status of appeal--Appeal complete, upheld in part, etc.). DC/Command Rep. at IRO hearing (Acc was released from PTC). TC at Art. 32 (called two witnesses). Lead brief-writer for two motions (404(b) and 513) and response to four motions (A, B, C, D); argued all six at 39(a) and directed/crossed X witnesses. Drafted and submitted RCM 1106 matters (impact, if any: e.g., resulted in suspension of BCD and 5 months' confinement out of 6 months).
• Please address other complex hearings in an appropriate section on the form: IROs, adsep boards, BOIs, other. What was your specific role and what was the outcome? Sufficient specificity and detail must be included to explain how a particular case that was resolved short of a completed court-martial should count towards experience requirements.
• Please include continuation pages if necessary.