Doug Whitney– Department Judge Advocate Trials Doug Whitney– Department Judge Advocate

Objectives When is a trial necessary? How are charges made? Ensuring a fair trial Rulings Appeals

When is a Trial Necessary? As stated in ARTICLE IV, section 2 Department By-Laws and National Bylaws, a trial is necessary: Expulsion or Suspension of a member Removal from office Charges must be based on: Disloyalty Neglect of Duty Dishonesty Conduct unbecoming a member of the American Legion

How are Charges Made? Charges must be made under oath in writing by the accuser You must give adequate notice to the accused member of the charges Who can be an accuser? Who is the swearing authority? Who receives the charges? Who prosecutes the charges?

Ensuring a Fair Trial The Post Executive Board appoints a trial board of 5 to 7 members of the American Legion in good standing (need not be members of the same post as the accused), within 5 days of filing of the charges As the Exec Board is the appointing authority, no member of the Exec Board should be on the trial board The accused must be informed the witnesses who will testify and must be provided a copy of all documentary evidence or allowed to see all exhibits The Trial Board takes testimony within 10 days after appointment (continuance can be granted for good cause shown) The accused may be represented by counsel

Ensuring a Fair Trial Who presides at the Trial? Preferably the Post JA. What record is kept? Tape, Video Record or transcript. The accused could be given the opportunity to nominate some trial board members If enough neutral trial board members cannot be found within the post, the District should assist in finding members of other posts to sit on the board

Rulings Findings can be: Acquittal Reprimand Removal from office Suspension for not more than one year Expulsion The Post, at the next regular meeting, must vote on the trial board findings if the accused is found guilty and may affirm, modify or reverse the findings of the trial board

Appeals A suspension, expulsion, or removal from office may be appealed to the Department Executive Committee. The appeal must be filed in time to be heard at the next regular meeting of the DEC The appeal is filed with the Department Adjutant and the post Adjutant Upon notice of appeal, the post adjutant immediately forwards the record of trial, including all exhibits, if any, to the Department Adjutant. The Post appoints a member to prosecute the appeal The accused may be represented by counsel The appeal is heard by the DEC upon the transcribed testimony heard by the trial board, or oral testimony, or both

Other Information A similar procedure is used for County, District or Department officers. The DEC appoints the trial board in these cases. What about social room privileges? Can be suspended or expelled without trial. Post policy should be clear as to the procedure and authority for this. What if the conduct has resulted in criminal charges? Do not have trial until criminal case is settled. Can a suspended member join another post? Yes Can an expelled member join another post? Only if the expelling post agrees

Questions?