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

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

Answer: (A)

In a Special Court-Martial, the person who ensures non-DoD civilian witnesses can be compelled to testify is the trial counsel. As the prosecutor, the trial counsel has the authority to obtain witnesses for the government’s case, including issuing subpoenas to civilian witnesses, with the military judge enforcing those subpoenas if needed. The other roles don’t carry this procedural power: a Summary Court-Martial Officer handles a quicker, more limited setting and isn’t the source of subpoena authority; the Judge Advocate General is a senior legal advisor and does not issue subpoenas in individual court-martial proceedings; and the Commanding Officer, while overseeing the unit and case, does not personally subpoena witnesses.