Section 226 – Military court records.

• (1)
  • (a) Each military court shall maintain a separate record of the proceedings in each case brought before it. Each record shall be authenticated by the signature of the military judge.
  • (b)
    • (i) If the record cannot be authenticated by the military judge due to death, disability, or absence, it shall be authenticated by the signature of the trial counsel.
    • (ii) If the trial counsel is unable to authenticate due to death, disability, or absence, a member of the court panel shall authenticate the record by signature.
  • (c) In a court of only a military judge, the record shall be authenticated by the court reporter under the same conditions that a member of a court would authenticate under this section:
    • (i) if the proceedings have resulted in an acquittal of all charges and specifications; or
    • (ii) if the proceedings are not affecting a general or flag officer, for a sentence that does not include a discharge and is not in excess of that which may be prescribed by regulations of the governor.

• (2) A copy of the record of the proceedings of each court shall be given to the accused as soon as it is authenticated.

• (3) The expense in preparing and transmitting the record shall be by regulations prescribed by the governor or the adjutant general.

Renumbered and Amended by Chapter 373, 2022 General Session