The preliminary hearing officer (PHO) serves as an impartial investigator during Article 32 proceedings, functioning similarly to a magistrate in civilian grand jury proceedings. The PHO’s primary responsibility is to inquire into the truth of matters alleged in charges, examine evidence, and make recommendations regarding whether probable cause exists to support each specification and charge. Unlike binding civilian determinations, the PHO’s findings are advisory to the convening authority.
During the hearing, the PHO presides over witness testimony, reviews documentary evidence, and ensures the accused’s rights are protected, including the right to counsel and to present evidence. The PHO must remain neutral, avoiding advocacy for either side while thoroughly examining the government’s case. They evaluate whether the evidence, if unrebutted, could convince a reasonable person that the accused committed the alleged offenses.
Following the hearing, the PHO prepares a detailed report analyzing each charge and specification, assessing probable cause, recommending disposition, and identifying potential defects in the charges. The report includes findings on jurisdiction, statute of limitations, and any substantial pretrial issues. While the convening authority isn’t bound by these recommendations, the PHO’s thorough analysis significantly influences charging decisions and helps ensure only properly supported cases proceed to court-martial.