Yes, the testimony of a civilian law enforcement officer can be compelled for a military court-martial. A court-martial has the same legal authority as a United States federal district court to issue subpoenas. This power extends to any civilian witness, including a state or local police officer, who resides within the United States, its territories, or its possessions. The process ensures that a court-martial has access to all relevant testimony, regardless of whether the witness is a member of the military.
The party that wants the civilian officer’s testimony—either the prosecution or the defense—will make a formal request to the trial counsel. The trial counsel then arranges for the issuance of a subpoena (DD Form 453). This legal document is then formally served on the civilian police officer by an authorized official, such as a U.S. Marshal. The government is responsible for paying all associated costs, including the officer’s travel expenses and a standard witness fee, to ensure they do not suffer a financial burden for complying.
If a civilian officer is properly served with a subpoena and refuses to appear and testify at the court-martial, they can be held in contempt of court. The military judge has the authority to issue a warrant for their arrest. The U.S. Marshal’s Service can then be tasked with apprehending the officer and bringing them to the location of the trial to provide their testimony. This enforcement power guarantees that a court-martial can compel the attendance of essential civilian law enforcement witnesses, ensuring a full and fair adjudication of the facts.