If an accused service member becomes medically unfit to participate in the Article 32 preliminary hearing, the proceedings must be halted. An accused’s right to be present and to assist in their own defense is a cornerstone of due process. If a physical or mental health condition prevents them from understanding the nature of the proceedings or from consulting with their defense counsel, the hearing cannot lawfully continue.
The first step would be for the defense counsel to notify the Preliminary Hearing Officer (PHO) of the accused’s condition, likely supported by documentation from a medical professional. The PHO would then typically order a postponement or continuance of the hearing until the accused is medically cleared to participate. The proceedings would be placed in abatement.
If the condition is long-term or of an indeterminate duration, the PHO would report the situation to the convening authority. The command may be required to order a formal medical evaluation or a sanity board, known as a “706 board” under the Rules for Courts-Martial. This board is a panel of medical experts tasked with evaluating the accused’s mental state and determining their competency to stand trial.
If the board finds the accused is not competent, the legal proceedings, including the Article 32 hearing, will be held in abeyance until competency is restored, if ever. The focus would shift from legal proceedings to medical treatment. If competency cannot be restored, the charges may eventually have to be dismissed, and the command would pursue administrative separation from the military on medical grounds. The hearing cannot proceed without a competent accused.