The individual who presides over an Article 32 hearing is known as the Preliminary Hearing Officer, or PHO. This role is filled by a commissioned officer who is appointed by the convening authority. To ensure fairness and impartiality, the officer appointed is typically a certified judge advocate, which is a military lawyer. This legal training is considered essential for properly managing the legal and evidentiary issues that arise during the hearing.
The Manual for Courts-Martial (MCM) sets forth specific qualifications for the PHO. Critically, the PHO must be impartial and cannot have any prior involvement in the case that would compromise their neutrality. This means they cannot have acted as the accuser, an investigator, or counsel for either side. Whenever practicable, the PHO must be a judge advocate and should be equal or senior in grade to the trial and defense counsel participating in the hearing.
The PHO’s duties are quasi-judicial. They are responsible for conducting a full and impartial hearing, which includes ruling on procedural and evidentiary matters, administering oaths to witnesses, and ensuring the accused’s rights are protected. The PHO controls the flow of the hearing, listens to all testimony, and reviews all physical and documentary evidence presented by both the government and the defense.
After the hearing concludes, the PHO’s most important function is to prepare a detailed written report for the convening authority. This report must summarize the evidence, make findings on whether probable cause exists for each charge, and provide a recommendation on the appropriate disposition of the case. The PHO acts as a neutral fact-finder and legal advisor to the command, ensuring the decision to proceed to trial is well-informed.