To serve as a Preliminary Hearing Officer (PHO) in an Article 32 hearing, an officer must meet specific qualifications that ensure they are competent to handle the legal complexities of the role. While the UCMJ technically allows any commissioned officer to be appointed, the Manual for Courts-Martial (MCM) strongly recommends, and modern practice virtually requires, that the PHO be a certified judge advocate.
A judge advocate is a military lawyer who has graduated from an accredited law school, is a member in good standing of a state or federal bar, and has been certified as competent to perform legal duties by the Judge Advocate General of their service branch. This legal background is considered essential for presiding over an adversarial hearing, ruling on evidentiary objections, and writing a legally sufficient report.
In addition to their foundational legal education, most judge advocates who are selected to serve as PHOs have completed specialized military justice training. This is often part of their initial officer training course or through advanced continuing legal education courses offered by the services’ legal centers, such as the Army’s Judge Advocate General’s Legal Center and School. These courses provide detailed instruction on the UCMJ, the MCM, and the specific procedures for conducting pretrial hearings.
Furthermore, PHOs are often selected from a pool of more experienced judge advocates who have served as trial or defense counsel and have a practical understanding of court-martial procedure. This combination of legal education, specialized military training, and practical experience ensures that the PHO has the necessary skills to conduct a thorough and impartial hearing in accordance with the law.