Experiences will vary base-to-base and branch-to-branch because there is no militarywide blanket rule. Openness depends on the command. With this in mind, here are some tips from those who have covered the military:
• Know the law. Be familiar with your rights to attend proceedings and be prepared to assert those rights when challenged. In addition to a familiarity with cases cited as authority for access, be prepared to point to other authority if there is no Court of Appeals for the Armed Forces opinion. Specifically, in that situation know what the authority is for that particular service court.
• Learn how the military justice system works. In addition to cultivating relationships with the public affairs officers, when you first arrive on the beat it is a good idea to ask for a meeting with those running the military justice system on base. This includes the chief military judge and both the chief defense attorney and chief prosecutor on base. Also, many civilian military attorneys who were once officers of the Judge Advocate General’s Corps and who prosecuted or defended military accused are good sources to cultivate -- primarily because they are not bound by openness rules set by base commanders.
• Be prepared to object. If you are in a proceeding and are asked to leave, be prepared to object. Ask to make your objection on the record and ask for a decision on your objection on the record. You should make your objection as broad and comprehensive as possible to increase the chance of having the decision to close overturned, according to Matthew Freedus, a lawyer who handles many military cases.
• Stay in contact. Cultivate the public affairs officers. One of a journalist’s first points of contact should be the base public affairs office. Let those people know that you want certain information on a regular basis. Be prepared to make repeated requests. Let them know that you will want to cover certain proceedings from time to time, but you need to know what is happening in order to decide which hearings to cover. Request a copy of the court’s docket. Cultivate relationships with civilian military attorneys because they are more likely to tip you off, according to Stars and Stripes reporter Terry Boyd.
• Have reference materials. Both journalists and public affairs officers suggested that military reporters should be familiar with the Manual for Courts-Martial and the Uniform Code of Military Justice. Both are available online, but Media General military reporter James W. Crawley suggests keeping a hard copy for easy reference. Also, having a copy will make formulating requests less frustrating, more accurate and decrease delays in receiving the requested information. Also, if you are looking for a general understanding, the Web site of the Court of Appeals for the Armed Forces is a good source (www.armfor.uscourts.gov/index.html). Also, for statistical information, a reporter can make a request from the public affairs office or can obtain statistics on the military justice system for all branches from the Annual Reports available on the Appeals Court Web site (www.armfor.uscourts.gov/Annual.htm). Also, groups like Military Reporters and Editors have a variety of materials that can serve to educate a military reporter. MRE also has a listserv for military reporters that can be used to seek out advice from other reporters in similar situations (www. militaryreporters.org).
• Play all sides. If the government denies you access, Crawley suggests talking to the defense attorney. Many civilian military attorneys are former judge advocates who no longer serve in the armed forces.
• Be persistent. Get to know the personnel and policies of the specific branch and base you are covering. The ease with which you are able to receive information depends on the commander of the base. Follow up with the public affairs office until you get answers to your questions. Certain branches are more cooperative than others and unfortunately the level of cooperation varies from command to command. Reporter Tom Roeder echoed the advice of many journalists who cover military justice — a reporter needs to be aggressive with the military justice system, and if you don’t ask for access you won’t get it.