39A-5-239. Courts of inquiry.

342 words·~2 min read·/ut/title-39a/chapter-5/39a-5-239

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

Effective 5/4/2022

(1)Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the individuals involved have requested the inquiry.

(2)A court of inquiry consists of three or more commissioned officers. For each court, the convening authority shall also appoint counsel for the court.

(a)An individual subject to this chapter whose conduct is subject to inquiry shall be designated as a party. An individual subject to this chapter or employed by the National Guard, who has a direct interest in the subject of inquiry, has the right to be designated as a party upon request to the court.

(b)An individual designated as a party shall be given due notice and has the right to be present, represented by counsel, to have counsel appointed, to cross examine witnesses, and to introduce evidence.

(4)Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

(5)The members, counsel, reporter, and interpreters of a court of inquiry shall take an oath or affirmation to faithfully perform the duties required under this section.

(6)Witnesses may be summoned to appear and testify and be examined before a court of inquiry, under the same provisions as for a military court.

(7)A court of inquiry shall make findings of fact but may not express opinions or make recommendations, unless required to do so by the convening authority.

(a)A court of inquiry shall keep a record of the court's proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.

(i)If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.

(ii)If the record cannot be authenticated by the counsel for the court, it shall be authenticated by a member in lieu of the counsel.

Renumbered and Amended by Chapter 373 , 2022 General Session