Judicial Privilege: Does It Have a Role in Military Courts-Martial
Abstract
Both Article I and Article III judges are increasingly willing to invoke "judicial privilege" to prevent the disclosure of confidential information, yet few judges and practitioners understand the scope or bases of this testimonial and evidentiary privilege. Within military courts-martial, a claim of judicial privilege can, presently, effectively limit or preclude a full and fair voir dire of the military judge, thereby infringing upon both a party's ability to establish a basis for a challenge for cause and a party's constitutional right to a fair and impartial trial. To resolve the conflict between the interests protected by judicial privilege and the interests of the parties to a court-martial, the author proposes that the military services adopt a bright-line rule. The proposed rule would cover any claim of judicial privilege arising during voir dire of or challenges for cause against the military judge.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1992
- Accession Number
- ADA456578
Entities
People
- Robert E. Nunley
Organizations
- The Judge Advocate General's Legal Center and School