CHAPTER 9. Military Courts
Chapter 9 enacted by Stats. 1935, Ch. 389.
§§ 450–475 · 31 sections
- § 450 The military courts of this state are: (a) general courts-martial; (b) special courts-martial; (c) summary courts-martial; (d) courts of inquiry; and (e)…
- § 450.1 (a) Under regulations as the Governor may prescribe, and under any additional regulations as may be prescribed by the Adjutant General, limitations may be…
- § 451 (a) The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in…
- § 452 General courts-martial may be convened by the President of the United States or the Governor or the Adjutant General. The convening authority shall be the…
- § 453 Special courts-martial may be appointed by the commanding officer of a district, garrison, fort, post, camp, station, or other place where troops are on duty,…
- § 454 Summary courts-martial may be appointed by the commanding officer of a garrison, fort, post, camp, or other place where troops are on duty, regiment, detached…
- § 455 Courts of inquiry shall consist of at least three members and may be ordered by the Governor to examine into the nature of any transaction of or accusation or…
- § 455.1 (a) The Courts-Martial Appellate Panel shall consist of three justices to hear matters described in Section 458.1. The Governor, by general order, shall…
- § 456 General courts-martial have power: (a) To try commissioned officers, warrant officers, and enlisted members of the active militia. (b) To adjudge: (1)…
- § 457 Special courts-martial have power: (a) To try commissioned officers, warrant officers, and enlisted members of the active militia. (b) To adjudge any…
- § 458 Summary courts-martial have power: (a) To try enlisted members of the active militia unless they object thereto. (b) To adjudge any punishment authorized for a…
- § 458.1 The Courts-Martial Appellate Panel shall have power over the following: (a) The issuance of extraordinary writs relative to all matters arising under the…
- § 458.2 With regard to any matter adjudicated by the Courts-Martial Appellate Panel, the reported decisions of the United States Court of Appeals for the Armed Forces…
- § 459 The trial counsel of a general or special court-martial in the National Guard shall prosecute in the name of the State. If military authorities order the…
- § 460 Each miliary court shall have the power of a superior court of this State to compel by subpena, subpena duces tecum, and attachment, the attendance of…
- § 461 Commissions and subpenas may be issued by the president or the trial counsel of the court, both before and after being sworn, for witnesses whose attendance or…
- § 462 A witness not appearing in obedience to a subpena when served personally with a copy thereof, and not having sufficient excuse, or a witness refusing to obey…
- § 463 Military courts may issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in those…
- § 464 The keepers or warden of any jail shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner…
- § 465 Presidents of courts-martial, one-officer special courts-martial, and summary court officers shall have power to issue warrants to arrest an accused person and…
- § 466 No sentence of a court-martial shall be carried into execution until the proceedings have been reviewed and the sentence approved by the officer appointing the…
- § 467 For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court…
- § 468 Any person who is guilty of disorderly, contemptuous, or insolent behavior in a military court, or who uses insulting, contemptuous, or indecorous language or…
- § 469 A person who has been separated from the military service shall be subject to the jurisdiction of a lawfully appointed court-martial for trial and punishment…
- § 470 When the military offense charged is also an offense by the civil law of this State, the officer whose duty it is to order trial may order the person charged…
- § 470.5 (a) A member of the active militia who, when subject to the Uniform Code of Military Justice (UCMJ) as incorporated by this code, violates a provision of the…
- § 471 Whenever any person in the military service of the State is charged with the commission while on duty of an offense which is a felony under the laws of this…
- § 472 No officer by whom a military court is ordered or member of any such military court, or officer or person acting under its authority or reviewing the…
- § 473 Courts for the Naval Militia are provided for by section 300.
- § 474 The Adjutant General, under procedures established by him or her and approved by the Governor, and acting through a board of officers appointed by the Adjutant…
- § 475 (a) Any person described in subdivision (b) who is guilty of sexual harassment may be punished pursuant to Section 450.1 or as a court-martial may direct. (b)…