29B.38 Unlawfully influencing action of court.
263 words·~1 min read·
/ia/chapter-29b-military-justice/29b-38·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The authority convening a general, special, or summary court-martial or any other commanding officer, or officer serving on the staff of the authority, shall not censure, reprimand, or admonish the court or any member, military judge, or counsel of the court, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or the court or military judge or counsel’s functions in the conduct of the proceeding. A person subject to this code shall not attempt to coerce or, by any unauthorized means, influence the action of the 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 the authority’s judicial acts.
Any violation of this section shall be punished as a court-martial may direct.
2. In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used to determine whether a member of the state military force is qualified to be advanced in grade, reassigned, transferred, or retained on active duty, a person shall not do either of the following:
a. Consider or evaluate the performance of duty of the member as a member of a court-martial or military judge.
b. Give a less favorable rating or evaluation of a member of the state military forces because of the zeal with which the member, as counsel, represented an accused before a court-martial.
[C66, 71, 73, 75, 77, 79, 81, §29B.38; 82 Acts, ch 1042, §21]