Section 201 – Military courts.

Effective 5/4/2022 39A-5-201. Military courts. This part sets the requirements and procedures for the conduct of military courts of the Utah National Guard. Enacted by Chapter 373, 2022 General Session

Section 202 – Composition — Convening authority — Responsibilities.

Effective 5/4/2022 39A-5-202. 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 […]

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

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 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 219 – Obtaining evidence and witnesses — Procedure.

Effective 5/4/2022 39A-5-219. Obtaining evidence and witnesses — Procedure. The trial and defense counsel, and the military court, have equal opportunity to obtain witnesses and other evidence under: (1) regulations promulgated by the governor or adjutant general; (2) the applicable rules of civil and criminal procedure; or (3) state or federal law. Renumbered and Amended […]

Section 220 – Depositions — Procedure.

Effective 5/4/2022 39A-5-220. Depositions — Procedure. (1) After charges have been signed under Section 39A-5-114, any party may take oral or written depositions unless the military judge hearing the case, or if the case is not being heard, an authority competent to convene a military court for the trial of the charges prohibits the depositions […]