Yes, enlisted members can unilaterally waive panel trial and elect trial by military judge alone without requiring command approval. This right exists unless the death penalty is mandatory for the charged offense. The accused must make the election before assembly of the panel, typically at arraignment, though later requests may be granted with good cause. The decision belongs solely to the accused after consultation with defense counsel, and neither the convening authority nor prosecution can override this choice.
The waiver must be knowing and voluntary, made on the record before the military judge. Defense counsel typically advises on strategic considerations, including the judge’s reputation, case complexity, and whether legal or factual issues predominate. Judge-alone trials often benefit cases with complex legal issues, sympathetic accused facing unsympathetic charges, or when avoiding panel member bias is crucial. The prosecution cannot object to the accused’s forum choice.
Once made, the election is generally irrevocable unless the judge grants withdrawal for good cause before trial begins. The accused cannot judge-shop by requesting recusal after electing judge alone without valid bias grounds. This unilateral right empowers accused service members to make fundamental decisions about their cases without command interference, recognizing that forum selection significantly impacts trial outcomes. The option provides important protection against potential panel bias while maintaining the traditional right to peer judgment if preferred.