---
title: "Advise a service member on the court-martial forum"
url: "https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-electing-trial-by-court-martial-or-defence-force-magi/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A64-H20261018-3-US"
practice_area: "Military & Defence Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise a service member on the court-martial forum

> List the forum the charge sheet offers and the Article 16 types. Write no advice on which forum to choose.

Canonical page: https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-electing-trial-by-court-martial-or-defence-force-magi/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Military & Defence Law](https://ailawframework.com/practice/military-and-defence-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the forum the charge sheet offers and the Article 16 types. Write no advice on which forum to choose. |
| What the lawyer must review | You advise, after consultation that Article 16 itself requires where it applies. Article 16 (10 U.S.C. § 816) classifies general, special and summary courts-martial. A general court-martial may consist of a military judge and eight members, or, in a capital case, a military judge and the number of members set under Article 25a, or a military judge alone if, before the court is assembled, the accused, knowing the judge’s identity and after consultation with defence counsel, requests a judge alone and the military judge approves. Read the rest of Article 16 for special and summary courts-martial. Opinion 512: do not send the advice out of a generated draft you have not written yourself. |
| Written for | United States |
| Applies to | [Advise a member on electing trial by court martial or Defence Force magistrate](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-electing-trial-by-court-martial-or-defence-force-magi.md) |

## Checking plan

- What the AI does: List the forum the charge sheet offers and the Article 16 types. Write no advice on which forum to choose.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The judge-alone request has conditions. Do not describe it as an automatic right.
- Do not apply Australian election-of-tribunal rules.

## Sources

- [10 U.S.C. § 816, UCMJ Article 16, courts-martial classified](https://www.law.cornell.edu/uscode/text/10/816) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.1, Competence](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Election to be tried by court martial or Defence Force magistrate: decision record](https://ailawframework.com/precedents/military-and-defence-law/election-for-court-martial-or-dfm.md) | Checklist | Red | Record of a summary-authority election under ss 111B and 111C, or a during-trial election under s 131: the time to decide, who gets the election, and where the charge goes if it is made. |
| [Summary authority hearing: documents and issues checklist (no statement)](https://ailawframework.com/precedents/military-and-defence-law/summary-hearing-documents-checklist.md) | Checklist | Yellow | A list of the charge, the evidence brief, the election position and the issues for a summary hearing. It does not contain, and is not a place for, the member's account of the facts. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*