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 […]
Section 210 – Prosecutions in state name — Right to defense trial counsel.
Effective 5/4/2022 39A-5-210. Prosecutions in state name — Right to defense trial counsel. (1) The trial counsel of a military court prosecutes in the name of the state, and shall prepare the record of the proceedings under the direction of the court. (2) (a) The accused has the right to be represented before a military […]
Section 211 – Court procedures — Regulations by governor.
Effective 5/4/2022 39A-5-211. Court procedures — Regulations by governor. (1) In cases subject to or brought under this chapter, before military courts, or before other military tribunals, the procedure, including elements of proof, may be prescribed by the governor. (2) The governor shall promulgate regulations that apply the principles of law and the rules of […]
Section 212 – Military court — Oath or affirmation.
Effective 5/4/2022 39A-5-212. Military court — Oath or affirmation. (1) Before performing their respective duties, an oath or affirmation to perform all duties faithfully shall be administered to: (a) military judges; (b) interpreters; (c) members of the court; (d) the trial counsel; (e) the assistant trial counsel; (f) the defense counsel; (g) the assistant defense […]
Section 112 – Individual confined prior to trial — Punishment limitations.
Effective 5/4/2022 39A-5-112. Individual confined prior to trial — Punishment limitations. (1) Subject to Section 39A-5-110, an individual in confinement prior to trial may not be subjected to punishment or penalty other than arrest or confinement while the charges are pending. (2) The arrest or confinement imposed on a prisoner may not be more rigorous […]