[§124B-62] Unlawfully influencing action of court.

326 words·~1 min read·/hi/124b-62

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No authority convening a general, special, or summary court-martial, nor any other commanding officer or officer serving on the staff thereof, shall censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceeding. No person subject to this chapter shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts. This subsection shall not apply to:

(1)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 courts-martial; or

(2)Statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.

(b)In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced in grade, in determining the assignment or transfer of a member of the armed forces, or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter shall, in preparing any report:

(1)Consider or evaluate the performance of duty of any member as a member of a court-martial or witness therein; or

(2)Give a less favorable rating or evaluation of any member of the armed forces because of the zeal with which the member, as counsel, represented any accused before a court-martial. [L 2022, c 286, pt of §2]