Section 32.1135 – Court of Inquiry; Convening Authority; Membership; Appointment of Counsel; Rights of Person Having Direct Interest in Subject of Inquiry; Challenges for Cause; Oath or Affirmation; Witnesses; Findings of Fact; Record of Proceedings; Authentication.
32.1135 Court of inquiry; convening authority; membership; appointment of counsel; rights of person having direct interest in subject of inquiry; challenges for cause; oath or affirmation; witnesses; findings of fact; record of proceedings; authentication. Sec. 135. (1) A court of inquiry to investigate any matter may be convened by a person authorized to convene a […]
Section 32.1136 – Officers Having Power to Administer Oaths; Affidavits; Signature and Title of Office as Prima Facie Evidence of Officer’s Authority.
32.1136 Officers having power to administer oaths; affidavits; signature and title of office as prima facie evidence of officer’s authority. Sec. 136. (1) The following officers of the state military forces shall have the power to administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes […]
Section 32.1137 – Sections to Be Explained to Enlisted Person; Availability of Code and Rules.
32.1137 Sections to be explained to enlisted person; availability of code and rules. Sec. 137. Sections 3, 4, 7, 8, 9, 10, 11, 15, 28, 30, 31, 37, 38, 55, 58, 77 to 134, 137 to 139, and 145 shall be carefully explained to each enlisted person at the time of enlistment or induction into […]
Section 32.1138 – Complaint to Superior Officer Concerning Commanding Officer; Forwarding Complaint to Officer Exercising General Court-Martial Jurisdiction; Examination; Redress; Transmitting True Statement of Complaint With Proceedings, to Adjutant General.
32.1138 Complaint to superior officer concerning commanding officer; forwarding complaint to officer exercising general court-martial jurisdiction; examination; redress; transmitting true statement of complaint with proceedings, to adjutant general. Sec. 138. A member of the state military forces who believes that he or she was wronged by the member’s commanding officer, or who, upon due application […]
Section 32.1139 – Complaint to Commanding Officer Concerning Wilful Damage To, or Wrongful Taking Of, Property of Person; Convening Board to Investigate Complaint; Membership and Powers of Board; Assessment, Approval, and Payment of Damages.
32.1139 Complaint to commanding officer concerning wilful damage to, or wrongful taking of, property of person; convening board to investigate complaint; membership and powers of board; assessment, approval, and payment of damages. Sec. 139. (1) If a complaint is made to a commanding officer that wilful damage has been done to the property of a […]
Section 32.1140 – Delegation and Subdelegation of Authority Vested in Governor.
32.1140 Delegation and subdelegation of authority vested in governor. Sec. 140. The governor is authorized to delegate the authority vested in the governor under this code and to provide for the subdelegation of that authority. History: 1980, Act 523, Eff. Mar. 31, 1981
Section 32.1141 – Determining Moral Character, Capacity, and General Fitness of Officer or Warrant Officer; Efficiency Board; Unfavorable Findings; Demanding Court of Inquiry; Adverse Finding; Discharge; Procedural and Other Rules; Right to Counsel.
32.1141 Determining moral character, capacity, and general fitness of officer or warrant officer; efficiency board; unfavorable findings; demanding court of inquiry; adverse finding; discharge; procedural and other rules; right to counsel. Sec. 141. (1) The moral character, capacity, and general fitness for service of an officer or warrant officer of the state military forces not […]
Section 32.1142 – Action or Proceeding Not to Be Prosecuted or Maintained Against Convening Authority, Member of Military Court, or Officer or Person Acting Under Convening Authority or Reviewing Proceedings.
32.1142 Action or proceeding not to be prosecuted or maintained against convening authority, member of military court, or officer or person acting under convening authority or reviewing proceedings. Sec. 142. An action or proceeding shall not be prosecuted or maintained against the convening authority or member of a military court or officer or person acting […]
Section 32.1143 – Jurisdiction of Military Courts and Board; Presumption; Burden of Proof.
32.1143 Jurisdiction of military courts and board; presumption; burden of proof. Sec. 143. The jurisdiction of the military courts and board established by this code shall be presumed and the burden of proof shall rest on a person seeking to remove a court or board of jurisdiction in an action or proceeding. History: 1980, Act […]
Section 32.1144 – Appointing and Removing Person or Persons to Execute or Serve Process, Mandate, or Order.
32.1144 Appointing and removing person or persons to execute or serve process, mandate, or order. Sec. 144. Each summary court-martial and the president of any other court-martial and of a court of inquiry may appoint and remove 1 or more persons subject to this code to execute or serve a process, mandate, or order issued […]