Court-martial proceedings are generally open to the public, and a service member’s spouse or family members have the same right to attend as any other member of the public in most circumstances. The right of public access to military justice proceedings is rooted in both constitutional principles and the structure of the UCMJ, and it is not easily overridden. However, exceptions exist, and a military judge has authority to close proceedings in limited circumstances where an overriding interest justifies restriction of access.
The practical experience of attending a court-martial as a family member involves navigating a formal military legal environment that can feel unfamiliar and tightly controlled. Understanding what family members are permitted to do during proceedings, what support they can provide to the accused without interfering with the legal process, and how they can communicate effectively with defense counsel is important for families who want to be present and supportive without inadvertently complicating the defense.
The General Right of Public Access to Court-Martial Proceedings
Court-martial proceedings are presumptively open to the public. This presumption derives from both constitutional principles, including the Sixth Amendment right to a public trial, and the structural provisions of the UCMJ, which establish court-martial as formal judicial proceedings subject to the same openness norms that apply to federal civilian courts. Any person who wishes to attend a court-martial, including spouses, family members, civilian friends, members of the press, and interested members of the public, may generally do so without needing special authorization.
The practical exercise of this right at a military installation requires the ability to gain access to the installation itself, which typically means going through a visitor control process at the installation entrance. Once on the installation, the courthouse or courtroom facility is accessible to members of the public who are attending proceedings. The military judge has authority to regulate the conduct of persons in the courtroom but cannot exclude members of the public without making findings that support closure under the applicable legal standard.
When Proceedings Can Be Closed to the Public and Family
A military judge may close court-martial proceedings to the public, including to family members, when an overriding interest that cannot be addressed through less restrictive means requires closure. Recognized interests include protecting classified information, protecting the identity of victims in sexual assault cases, and preventing testimony from being shared with witnesses who have not yet testified. The closure order must be specific about what portion is closed and why, and blanket closure of an entire trial is extremely difficult to justify.
A spouse or family member who has been excluded from a portion of the proceedings should consult with defense counsel about whether the closure order was legally issued and whether a timely objection should be made. Improper closure orders can be challenged, and in some cases the violation of the public trial right can support relief on appeal.
Grounds on Which a Military Judge Can Close Proceedings to Family
The most common ground for excluding family members from proceedings is the witness sequestration rules. When a family member is going to testify, the judge may order that they not attend the portions of trial occurring before their testimony. A second common ground is victim privacy protection in cases involving sexual assault, where limited closure may be justified by the victim’s interest in confidentiality.
Defense counsel should examine whether any closure order is broader than legally required and whether it improperly excludes family members who are entitled to attend as members of the public. An overly broad closure order is subject to challenge both during the proceedings and on appeal if the closure contributed to an unfair outcome.
What Family Members Can and Cannot Do During Proceedings
Family members attending as observers may not communicate with the accused during proceedings without the judge’s permission, may not disrupt the proceedings in any way, and must comply with all courtroom orders. They may take notes for personal use but should confirm with defense counsel whether any restrictions have been ordered.
What family members cannot do is provide testimony about matters they learned by attending the trial, as that testimony would be subject to objection under the sequestration rules if they are later called as witnesses. Family members who expect to testify should confirm with defense counsel which portions of trial they may attend without compromising their testimony.
How to Support a Spouse Facing Court-Martial Without Interfering
The most effective support a family member can provide is to remain composed and visible during proceedings, to participate actively in any mitigation presentation at the sentencing phase, and to communicate willingness to testify as a character witness. Character witnesses who can speak specifically to the accused’s values, contributions, and potential are valuable during sentencing, and family members who communicate that willingness early give counsel time to prepare them effectively.
All communication with the accused about the case should go through defense counsel. Direct discussions between the accused and family members about testimony, strategy, or evidence create risks of inadvertent waiver, witness contamination, or the creation of statements that could be used against the accused or the family member. Following counsel’s guidance about what communications are appropriate protects both the accused and the family members who want to help.
This content is provided for educational purposes only and does not constitute legal advice. Military law is complex and fact-specific. If you are facing a UCMJ investigation, court-martial, administrative separation, or any other military legal matter, consult a qualified military defense attorney before taking any action.