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 215 – Military court — Continuance.
Effective 5/4/2022 39A-5-215. Military court — Continuance. The military judge may, upon good cause shown, grant a continuance to trial or defense counsel for a stated period of time, when a continuance appears to be just. Renumbered and Amended by Chapter 373, 2022 General Session
Section 216 – Military court — Session — Procedures.
Effective 5/4/2022 39A-5-216. Military court — Session — Procedures. (1) After the service of charges has been referred for trial to a military court composed of a military judge and panel members, the military judge may, subject to Section 39A-5-118, call the court into session. The session shall be: (a) made a part of the […]
Section 217 – Plea of not guilty — Accepted — Withdrawn.
Effective 5/4/2022 39A-5-217. Plea of not guilty — Accepted — Withdrawn. (1) A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused pleaded not guilty, if the accused: (a) after arraignment, makes an irregular pleading; (b) after a plea of guilty. raises a matter inconsistent […]
Section 218 – Contempt — Penalty.
Effective 5/4/2022 39A-5-218. Contempt — Penalty. (1) A military court may punish for contempt any individual who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any disorderly conduct. (2) The punishment may not exceed confinement for three days in the county jail of the county where 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