The term
convening authority is used in the
Uniform Code of Military Justice (UCMJ) when referring to an individual whose function is of critical importance in the US military justice system. The persons who may exercise this authority are defined in article 22 () for
general court-martial, article 23 () for
special court-martial, and article 24 () for
summary court-martial. The convening authority decides on the disposition of cases to investigation and trial, and also selects the members of a court-martial. The appointees serve as the military judge and members of the "panel", which decides the guilt or innocence of a person standing trial before the court-martial or military commission. Enlisted members on trial may demand that enlisted members be included on the panel. The court-martial then reports back to the convening authority their recommended verdict. Unlike a civilian trial, the convening authority's "command prerogative" entitles them to amend or overturn the sentence of a court-martial. However, the convening authority may not set aside a finding of not guilty or increase the severity of a recommended punishment. While normally only exercised in practice by members of the armed forces, six civilian officials can also act as a convening authority: the
President, the
Secretary of Defense, the three "service secretaries" (the
Secretary of the Army,
Secretary of the Navy, and
Secretary of the Air Force), and the
Secretary of Homeland Security (when the
United States Coast Guard is under the
United States Department of Homeland Security and has not been transferred to the
Department of the Navy under the
Department of Defense). ==Military Commissions Act==