Section 202 – Composition — Convening authority — Responsibilities.

• (1) Within the National Guard while not in federal service, there is created a military court to hear matters designated under the Utah Code of Military Justice.

• (2) The governor or the adjutant general of the state is the convening authority for any military court in the state and upon receipt of charges may:
  • (a) dismiss any charges;
  • (b) forward charges to a subordinate commander for disposition; or
  • (c) refer charges to a military court for trial.

• (3) A military court shall be convened in accordance with this part.

• (4) The court shall be composed of:
  • (a) a military judge and not fewer than three panel members; or
  • (b) a military judge, if before the court is assembled, the accused, knowing the identity of the military judge and after consultation with his defense counsel, requests in writing a court composed only of a military judge, and the military judge approves the request.

• (5) The convening authority of a military court or court of inquiry:
  • (a) shall detail or employ qualified court reporters to record the proceedings of and testimony taken by the court; and
  • (b) may detail or employ interpreters, as necessary.

Renumbered and Amended by Chapter 373, 2022 General Session