§44-830A. Certain proceedings conducted before referral.
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ARTICLE 30A. Certain proceedings conducted before referral.
A. In general.
1. Proceedings may be conducted to review or otherwise act on the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations promulgated by the Adjutant General:
a. prereferral investigative subpoenas,
b. prereferral warrants or orders for electronic
communications, and
c. prereferral matters under subsection D of Section 806B
of Title 44 of the Oklahoma Statutes (Article 6B,
subsection D).
2. The regulations promulgated under paragraph 1 of this subsection shall:
a. include procedures for the review of such rulings that
may be ordered under this section as the Adjutant
General considers appropriate, and
b. provide such limitations on the relief that may be
ordered under this section as the Adjutant General
considers appropriate.
3. If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military trial judge detailed to the court-martial.
B. Detail of military trial judge. The Adjutant General shall promulgate regulations providing for the manner in which military trial judges are detailed to proceedings under subsection A of this section.
C. Detail or employment of military magistrate. The Adjutant General may promulgate regulations providing for the detailing or employment of military magistrates who, other than a proceeding described in subparagraph a of paragraph 1 of subsection A of this section, may preside over the proceedings provided for in subparagraphs b and c of paragraph 1 of subsection A of this section.
Added by Laws 2021, c. 12, § 17, emerg. eff. April 13, 2021.