Section 222 – Voting by military court members — Procedure — Presumption of innocence — Reasonable doubt — Burden of proof.
Effective 5/4/2022 39A-5-222. Voting by military court members — Procedure — Presumption of innocence — Reasonable doubt — Burden of proof. (1) (a) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. (b) A ruling made by the military judge upon a question of law or […]
Section 213 – Military court — Challenge for cause — Peremptory challenge.
Effective 5/4/2022 39A-5-213. Military court — Challenge for cause — Peremptory challenge. (1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and validity of challenges for cause, and […]
Section 214 – Military court members — When excused — Trial procedure.
Effective 5/4/2022 39A-5-214. Military court members — When excused — Trial procedure. (1) A member of a military court may not be absent or excused after the court has been assembled for the trial of the accused, except because of physical disability, the result of a challenge, or for good cause by order of the […]
Section 203 – Jurisdiction — Punishments.
Effective 5/4/2022 39A-5-203. Jurisdiction — Punishments. (1) (a) A military court in this state has jurisdiction to try individuals subject to this chapter for any offense punishable by this chapter. (b) The military court may, under limitations the governor may prescribe, and under applicable state and federal regulations governing punishment, impose any punishment described in […]
Section 204 – Authority — Processes and mandates.
Effective 5/4/2022 39A-5-204. Authority — Processes and mandates. (1) A military court may issue all processes and mandates necessary to carry into effect the court’s authority. (2) Processes and mandates: (a) may be issued by a military court judge or the president of other military courts; (b) may be directed to and executed by the […]
Section 205 – Execution of military court processes and sentences.
Effective 5/4/2022 39A-5-205. Execution of military court processes and sentences. The processes and sentences of the National Guard in its military court, when the guard is not in federal service, shall be executed by the civil officers prescribed by state law. Renumbered and Amended by Chapter 373, 2022 General Session
Section 206 – Military judge — Qualifications — Designation for detail.
Effective 5/4/2022 39A-5-206. Military judge — Qualifications — Designation for detail. (1) The convening authority of a military court shall, subject to regulations promulgated by the governor, detail a military judge, as designated by the state judge advocate, to preside over each open session of the court. (2) A military judge shall be: (a) a […]
Section 207 – Authority of military court judges — Payment of witnesses.
Effective 5/4/2022 39A-5-207. Authority of military court judges — Payment of witnesses. (1) Judges of military courts may: (a) issue a warrant for the arrest of an accused individual who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court; […]
Section 208 – Individuals who may serve on a military court.
Effective 5/4/2022 39A-5-208. Individuals who may serve on a military court. (1) A commissioned officer off or on duty with the National Guard may serve on a military court for the trial of any individual brought before the court for trial. (2) A warrant officer off or on duty with the National Guard may serve […]
Section 209 – Military court findings — Prohibition of censuring or influencing court actions — Military court member’s performance.
Effective 5/4/2022 39A-5-209. Military court findings — Prohibition of censuring or influencing court actions — Military court member’s performance. (1) The court or any panel member, military judge, or counsel of the court may not be censured, reprimanded, or admonished by a convening authority, commanding officer, or staff officer with respect to the findings or […]