35.185 Unlawfully influencing action of court.
302 words·~1 min read·
/ky/chapter-35/35-185A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)No authority convening a general or special court-martial, nor any other
commanding officer, or officer serving on the staff thereof, may 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 code may attempt to coerce or, by unauthorized means, influence the
action of a court-martial or court of inquiry 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. The foregoing provisions
shall not apply to:
(a)General instructional or informational courses in military justice, if such
courses are designed solely for the purpose of instructing members of a
command in the substantive and procedural aspects of courts-martial; or
(b)Statements and instructions given in open court by the military judge or
counsel.
(2)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 state military forces is qualified to be advanced in grade or in
determining the assignment or transfer of a member of the state military forces or in
determining whether a member of the state military forces should be retained on
active status, no person subject to this code may in preparing any such report:
(a)Consider or evaluate the performance of duty of any such member as a
member of a court-martial or witness therein; or
(b)Give a less favorable rating or evaluation of any counsel of the accused
because of zealous representation before a court-martial.