As a military spouse, am I entitled to attend my husband’s court-martial proceedings as a member of the public?

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Yes, as a rule.

Yes, as a rule. Courts-martial “shall be open to the public,” and the public includes both the military and civilian communities, so a spouse can attend like anyone else. The military judge can limit the number of spectators, exclude a specific person for a stated reason, or close a session in narrow circumstances, each with findings on the record. Two situations change the answer for a spouse: if the spouse is a witness, the judge can exclude the spouse from the courtroom while others testify; if the spouse is the alleged victim, the spouse has a statutory right not to be excluded except on a demanding showing.

The public trial rule

R.C.M. 806(a) in the Manual for Courts-Martial (2024 ed.): “Except as otherwise provided in this rule, courts-martial shall be open to the public. For purposes of this rule, ‘public’ includes members of both the military and civilian communities.” The Discussion adds that when space is limited, “special care must be taken to avoid arbitrary exclusion of specific groups or persons,” which “may include allocating a reasonable number of seats to members of the press and to relatives of the accused.”

How the judge can limit attendance

Measure Standard Source
Limit the number of spectators or access "to maintain the dignity and decorum of the proceedings or for other good cause" R.C.M. 806(b)(1)
Exclude a specific person Findings on the record of "the reason for the exclusion, the basis for the military judge's belief that exclusion is necessary, and that the exclusion is as narrowly tailored as possible" R.C.M. 806(b)(2)
Close a session to the public entirely "a substantial probability that an overriding interest will be prejudiced," closure "no broader than necessary," alternatives considered and found inadequate, and case-specific findings on the record R.C.M. 806(b)(4)

The Discussion gives examples of reasons for excluding a specific person: “Disruptive or distracting appearance or conduct,” protecting “witnesses from harm or intimidation,” and relieving a witness’s “inability to testify due to embarrassment or extreme nervousness” when no other means is available. Some evidence rules, such as those for a victim’s sexual history and psychotherapist records, provide for closed hearings on those issues.

If the spouse is a witness

R.C.M. 806 notes that “Witnesses will ordinarily be excluded from the courtroom so that they cannot hear the testimony of other witnesses.” Under Mil. R. Evid. 615, “At a party’s request, the military judge must order witnesses excluded so that they cannot hear other witnesses’ testimony, or the military judge may do so sua sponte.” A spouse expected to testify, for either side, may be asked to wait outside while other witnesses testify. The rule’s purpose is that witnesses “cannot hear other witnesses’ testimony”; whether a witness may sit in the gallery after testifying, for example if the witness might be recalled, is a question the judge decides. Whether a spouse can be required to testify, and the spousal privilege, are covered in whether a family member can be compelled to testify.

If the spouse is the alleged victim

A victim has a separate right. R.C.M. 806(b)(3): “A victim of an alleged offense committed by the accused may not be excluded from any public hearing or proceeding in a court-martial relating to the offense unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that hearing or proceeding.” Mil. R. Evid. 615(e) states the same limit, and Article 6b lists the victim’s rights, including notice of hearings and the court-martial.

Attending as a spectator

Attending is a right as a member of the public, not a role in the trial. A spouse in the gallery is a spectator and is bound by the courtroom’s rules on decorum; conduct the judge finds disruptive or intimidating can lead to exclusion under R.C.M. 806(b)(2). Statements a spouse makes about the case to others, including to the accused’s command or to witnesses, are not privileged and can become evidence; confidential communications between spouses are a separate matter under the marital privilege, covered in the page linked above.

Statutes and rules cited here were checked in October 2026.

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.

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References

law.cornell.edu