Executive Orders EO 13262 should match that of the most recent Executive Order included in the pub- lication." b. The seventh paragraph of the Discussion following R.C.M. 601(e)(1) is amended to read as follows: "The convening authority should acknowledge by an instruction that a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may not be adjudged when the pre- requisites under Article 19 will not be met. See R.C.M. 201(f)(2)(B)(ii). For example, this instruction should be given when a court reporter is not de- tailed.". c. The Discussion following R.C.M. 701(a)(2)(B) is amended to read as fol- lows: "For specific rules concerning certain mental examinations of the ac- cused or third party patients, see R.C.M. 701(0, R.C.M. 706, Mi]. R. Evid. 302, and Mi]. R. Evid. 513." d. The ninth paragraph of the Discussion following R.C.M. 806(b) is amend- ed to read as follows: "There are other methods of protecting the proceedings from harmful ef- fects of publicity, including a thorough voit dire (see R.C.M. 912), and, if necessary, a continuance to allow the harmful effects of publicity to dis- sipate. See R.C.M. 906(b)(1). Other methods that may occasionally be ap- propriate and which are usually preferable to closing a session include: di- recting members not to read, listen to, or watch any accounts concerning the case; issuing a protective order under R.C.M. 806(d); and selecting members from recent arrivals in the command, or from outside the imme- diate area. See R.C.M. 503(a)(3). In more extreme cases, the place of trim may be changed (see R.C.M. 906(b)(11), or members may be sequestered. e. The following Discussion is added after R.C.M. 806(d): "A protective order may proscribe extrajudicial statements by counsel parties, and witnesses that might divulge prejudicial matter not of public record in the case. Other appropriate matters may also be addressed by such a protective order. Before issuing a protective order, the military judge must consider whether other available remedies would effectively mitigate the adverse effects that any publicity might create, and consider such an order's likely effectiveness in ensuring an impartial court-martial pane]. A military judge should not issue a protective order without first providing notice to the parties and an opportunity to be heard. The military judge must state on the record the reasons for issuing the protective order. If the reasons for issuing the order change, the military judge may reconsider the continued necessity for a protective order." f. The first paragraph of the Discussion following R.C.M. 808 is amended to read as follows: "Except in a special court-martial not authorized to adjudge a bad-con- duct discharge, confinement for more than six months, or forfeiture of pay for more than six months, the trim counsel should ensure that a qualified court reporter is detailed to the court-martiaL Trial counsel should also en- sure that a]] exhibits and other documents relating to the case are properly maintained for later inclusion in the record. See also R.C.M. 1103(j) as to the use of videotapes, audiotapes, and similar recordings for the record of trial Because of the potential requirement for a verbatim transcript, a]] pro- 219
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