8/23 Motions Session #5: In Re: Ruiz
Let us now discuss, for but a fleeting moment, the ongoing representation status of CDR Walter Ruiz.
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Let us now discuss, for but a fleeting moment, the ongoing representation status of CDR Walter Ruiz.
He is an activated reservist, with orders expiring in early September. He has sought and obtained an extension for those orders, the validity of which is the subject of some dispute. At the same time, Ruiz also separately has requested to continue as civilian counsel, and his request remains pending before the Convening Authority. The court thus worries aloud, as he certainly doesn’t want the proceedings to go forward---he hints at next session---in a less than orderly manner. For what it’s worth, Judge Pohl says, a lack of action from the Convening Authority could affect our schedule, if indeed an accused winds up not having any default counsel. That notwithstanding, the military judge takes no formal action, and says nothing definitive about Ruiz’s orders, other than to express concern about the situation going forward. The lawyer tells the court that the Chief Defense Counsel has been acting zealously on his behalf, and explains further about his position for the next month or so.
The parties agree that, come time, Ruiz’s status can be resolved on the papers alone.
After a brief housekeeping discussion, the commission recesses for lunch.