39A-5-209. Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance.

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

Effective 5/4/2022

(1)The court or any panel member, military judge, or counsel of the court may not be censured, reprimanded, or admonished by a convening authority, commanding officer, or staff officer with respect to the findings or sentence adjudged by the court, or any other function carried out in the proceeding.

(2)An individual subject to this chapter may not attempt to coerce, or by any unauthorized means influence the action of:

(a)the military court or any other military tribunal or any member of a military tribunal arriving at the findings or sentence in any case; or

(b)any convening, approving, or reviewing authority with respect to any judicial acts.

(3)Subsection

(2)does not apply to:

(a)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 a military court; or

(b)statements and instructions given in open court by the military judge, the president of a military court, or counsel.

(4)In preparing an effectiveness, efficiency, or fitness report, or any other report or document used in whole or in part for determining whether a member of the National Guard is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the National Guard, or in determining whether a member should be retained in an active status, an individual subject to this chapter may not:

(a)consider or evaluate the performance of duty of any member of a military court; or

(b)give a less favorable rating or evaluation of any member of the National Guard because of the zeal with which the member, as counsel, represented any accused before a military court or before any other proceeding authorized by this chapter.

Renumbered and Amended by Chapter 373 , 2022 General Session