Title 31 — Title 31

The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by Section 31-2A-22 (Article 22). History: (Act 2012-334, p. 790, §1.)

Reserved. History: (Act 2012-334, p. 790, §1.)

Reserved. History: (Act 2012-334, p. 790, §1.)

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, p. 790, §1.)

All persons acting within their official capacity under the provisions of this code shall be immune from any civil liability to the same extent as judicial officers within the State of Alabama Unified Judicial System. History: (Act 2012-334, p. 790, §1.)

The provisions of this code are hereby declared to be severable and if any provision of this code or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of thi…

This act may be cited as the Alabama Code of Military Justice (ACMJ). History: (Act 2012-334, p. 790, §1.)

To the extent not inconsistent with existing law, nothing in this code affects the remainder of Chapter 2 of this title or the Constitution of Alabama of 1901. History: (Act 2012-334, p. 790, §1.)

(a) Under such regulations as prescribed, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court- martial pursuant to this article. The Governor, the Adjutant General, or an officer in a general or flag rank in command ma…

The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of either of the following: a. A military judge and not less than five members. b. Only a military judge, if before the court is assembled the accused, knowing the identity …

Each component of the Alabama National Guard has court-martial jurisdiction over all members of the particular component who are subject to this code. The Adjutant General maintains court-martial convening authority over members of either component subject to this code. History: …

Subject to Section 31-2A-17 (Article 17), general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and, under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code. H…

Subject to Section 31-2A-17 (Article 17), special courts-martial have jurisdiction to try individuals subject to this code for military-specific offenses made punishable by this code, and under such limitations as the Governor may prescribe, may adjudge any punishment not forbidd…

(a) This code applies to all members of the state military forces at all times and in all places. (b) Subject matter jurisdiction is established if a clear and convincing nexus exists between an offense, either military or non-military, and the state military force. When a member…

(a) Subject to Section 31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the Governor may prescribe. (b) …

Reserved. History: (Act 2012-334, p. 790, §1.)

(a) General courts-martial may be convened by any one of the following: (1) The Governor. (2) The Adjutant General. (3) Any general officer serving in the Alabama Army or Air National Guard. (b) If any commanding officer is an accuser, the court shall be convened by superior comp…

(a) Special courts-martial may be convened by any one of the following: (1) Any person who may convene a general court-martial. (2) The commanding officer of a brigade, regiment, a group, or a corresponding unit of the Army. (3) The commanding officer of a wing, group, or corresp…

(a) Summary courts-martial may be convened by any one of the following: (1) Any person who may convene a general or special courts-martial. (2) The commanding officer of a battalion, or corresponding unit of the Army. (3) The commanding officer of a detached squadron or other det…

(a) Any commissioned officer of the Alabama National Guard is eligible to serve on all courts-martial for the trial of any person subject to this code. (b) Any warrant officer of the Alabama National Guard is eligible to serve on general and special courts-martial for the trial o…

(a) A military judge shall be detailed to each general court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (b) A military judge shall be all of the following: (1) An active or retired commissio…

(a) A military judge shall be detailed to each special court-martial. The military judge shall preside over each open session of the special court-martial to which the military judge has been detailed. (b) A military judge shall be both of the following: (1) A judge advocate who …

(a)(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. The Alabama National Guard shall prescribe regulations providing the manner in which counsel are detailed for such court-martial and for persons who are authorized to detail cou…

Under such regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ inte…

(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order o…

(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to Section 31-2A-43 (Article 43), subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in cu…

(a) Charges and specifications shall be signed by an individual subject to this code under oath before either a commissioned officer or the clerk of the court as authorized by Section 31-2A-136(a) (Article 136(a)) to administer oaths and shall state both of the following: (1) The…

(a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her. (b) No person subject to this code may interrogate or request any statement from an accused or a person sus…

(a) No charge or specification may be referred to a general court-martial for trial until the completion of a preliminary hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary hearing shall be limited to the following: (1) Determining wh…

Reserved. History: (Act 2012-334, p. 790, §1.)

(a) Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may refer a specification under a charge to a special court- martial after advice fro…

The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No individual, against the individual’s objection, may be brought to trial before a general court-martial case within a period of 45 days after the service of charges upon the accused, or …

Pretrial, trial, and post-trial procedures, including modes of proof, for court-martial cases arising under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by rules, or as otherwise provided by law, which shall apply the principles …

(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or…

(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and, under the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused has the right to be represented in defense before a general or special cour…

(a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session without the presence of the members for the p…

Reserved. History: (Act 2012-334, p. 790, §1.)

The military judge of a court-martial or the summary court-martial officer, for reasonable cause, may grant a continuance to any party for such time, and as often, as may appear to be just. History: (Act 2012-334, p. 790, §1.)

(a) Challenges For Cause. (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or the court shall determine the relevancy and validity of challenges for cau…

(a) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of…

(a) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by courts-martial or punished under Section 31-2A-15 (Article 15) if the offense was committed more than 12 months before the receipt of sworn charges and specifications …

(a) No person, without his or her consent, may be tried a second time for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial pursuant to this article until the finding of guilty has become f…

(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if t…

Subpoena. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to com…

(a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of …

A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. A person subject to this code may be punished for contempt by confinement no…

(a) At any time after charges have been signed as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to co…

(a) This code has applicability at all times and in all places, provided that either the person subject to the code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the sta…

(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, if otherwise admissible under the rules of evidence…

(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. M…