39A-5-202. Composition -- Convening authority -- Responsibilities.
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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 the state and upon receipt of charges may:
(a)dismiss any charges;
(b)forward charges to a subordinate commander for disposition; or
(c)refer charges to a military court for trial.
(3)A military court shall be convened in accordance with this part.
(4)The court shall be composed of:
(a)a military judge and not fewer than three panel members; or
(b)a military judge, if before the court is assembled, the accused, knowing the identity of the military judge and after consultation with his defense counsel, requests in writing a court composed only of a military judge, and the military judge approves the request.
(5)The convening authority of a military court or court of inquiry:
(a)shall detail or employ qualified court reporters to record the proceedings of and testimony taken by the court; and
(b)may detail or employ interpreters, as necessary.
Renumbered and Amended by Chapter 373 , 2022 General Session