Section 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 sentence adjudged by the court, or any other function carried out in the proceeding.

• (2) An individual subject to this chapter may not attempt to coerce, or by any unauthorized means influence the action of:
  • (a) the military court or any other military tribunal or any member of a military tribunal arriving at the findings or sentence in any case; or
  • (b) any convening, approving, or reviewing authority with respect to any judicial acts.

• (3) Subsection (2) does not apply to:
  • (a) general instructional or informational courses in military justice, if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of a military court; or
  • (b) statements and instructions given in open court by the military judge, the president of a military court, or counsel.

• (4) In preparing an effectiveness, efficiency, or fitness report, or any other report or document used in whole or in part for determining whether a member of the National Guard is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the National Guard, or in determining whether a member should be retained in an active status, an individual subject to this chapter may not:
  • (a) consider or evaluate the performance of duty of any member of a military court; or
  • (b) give a less favorable rating or evaluation of any member of the National Guard because of the zeal with which the member, as counsel, represented any accused before a military court or before any other proceeding authorized by this chapter.

Renumbered and Amended by Chapter 373, 2022 General Session