Title 26, Military Affairs and Emergency Management

A. Under such rules as the governor may adopt, a member of the national guard accused of an offense against civil authority may be delivered, on request, to the civil authority for trial. B. When delivery is made to any civil authority of a person undergoing sentence of a court-m…

A. Under rules the governor adopts and under any additional rules adopted by the adjutant general, limitations may be placed on the powers granted by this chapter with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant offic…

The three kinds of courts-martial in the national guard are: 1. General courts-martial, consisting of one 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 of the mi…

The national guard has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction over personnel of another branch shall be in accordance with rules adopted by the governor.

Subject to section 26-1017, general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and, under limitations as the governor prescribes, may sentence convicted persons to any combination of the following: 1. A …

Subject to section 26-1017, special courts-martial have jurisdiction to try persons subject to this chapter, except commissioned officers, for any offense made punishable by this chapter and have the same powers of punishment as a general court-martial, except that a fine imposed…

Subject to section 26-1017, summary courts-martial have jurisdiction to try persons subject to this chapter, except officers and candidates, for any offense made punishable by this chapter. A person with respect to whom summary courts-martial have jurisdiction shall not be brough…

A. The provisions of this chapter conferring jurisdiction on courts-martial do not deprive any other courts of this state of concurrent jurisdiction with respect to offenders or offenses that by statute may be tried by those courts. B. Instead of imposing a fine, a court-martial …

General courts-martial may be convened by the governor, the adjutant general or any other commanding officer in the national guard if empowered by the governor.

A. Special courts-martial may be convened by any person who may convene a general court-martial, any general officer in command or the commanding officer in charge of any other command if empowered by the adjutant general. B. If any convening officer is an accuser, the court shal…

A. Summary courts-martial may be convened by any person who may convene a general or special court-martial, the commanding officer of a brigade, regiment, detached battalion or corresponding unit of the army national guard, the commanding officer of a wing, group or separate squa…

A. Any commissioned officer in the national guard is eligible to serve on all courts-martial for the trial of any person who is brought before such courts for trial. B. Any warrant officer in the national guard is eligible to serve on general and special courts-martial for the tr…

A. A military judge shall be detailed to each general court-martial. Subject to rules of the adjutant general, a military judge may be detailed to any special court-martial. The adjutant general shall adopt rules providing for the manner in which military judges are detailed for …

A. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The adjutant general shall prescribe rules providing …

Under such rules as the adjutant general prescribes, the convening authority of a court-martial, military commission or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court or commission. Under…

A. A member of a general or special court-martial shall not be absent or excused after the court has been assembled for the trial of the accused unless as a result of a challenge by the military judge for physical disability or other good cause or by order of the convening author…

A. Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the national guard authorized to administer oaths and shall state that the signer has personal knowledge of, or has investigated, the matters set forth an…

A. A person subject to this chapter shall not compel any person to incriminate himself or to answer any question if the answer would tend to incriminate him. B. A person subject to this code shall not interrogate, or request any statement from an accused or a person suspected of …

If a person is held for trial by general court-martial the commanding officer, within eight days after the accused is ordered into arrest or confinement, if practicable, shall forward the charges, together with the investigation and allied papers, to the officer exercising genera…

A. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the staff judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for trial unles…

The trial counsel to whom court-martial charges are referred for trial shall serve on the accused a copy of the charges on which trial is to be had. In time of peace, a person, against his objection, shall not be brought to trial or be required to participate by himself or counse…

A. Pretrial, trial and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the governor by rules which, so fa…

A. An authority convening a general, special or summary court-martial, or any other commanding officer, shall not censure, reprimand or admonish the court or any member, military judge or counsel, with respect to the findings or sentence adjudged by the court, or with respect to …

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

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 26-1035, may call the court into session without the presence of the members but conducted in the pre…

The military judge or a court-martial without a judge, for reasonable cause, may grant a continuance to any party for such time, and as often, as is just.

A. 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 if none, the court, shall determine the relevance and validity of challenges for cause and may not r…

A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters and interpreters shall take an oath to perform their duties fai…

A. Except as otherwise provided in this article, a person charged with an offense is not liable to be tried by court-martial or punished under section 26-1015 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exe…

A. No person, without his consent, may be tried a second time for the same offense. B. No proceeding in which an accused has been found guilty by court-martial on any charge or specification is a trial in the sense of this section until the finding of guilt becomes final after re…

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 he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or…

The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with rules the governor adopts.

Any person who has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry or other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commi…

A court-martial may punish any person for contempt who uses any menacing word, sign or gesture in its presence or who disturbs its proceedings by any riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.

A. At any time after charges have been signed as provided in section 26-1030, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene …

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. Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge on questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count…

A. A person shall not be convicted of any offense except as provided in section 26-1045 or by the concurrence of two-thirds of the members present at the time the vote is taken. B. All sentences shall be determined by the concurrence of two-thirds of the members present at the ti…

A court-martial shall announce its findings and sentence to the parties as soon as they are determined.

A. Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disabili…

A. Unless otherwise provided in rules prescribed by the adjutant general, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable or bad conduct discharge, confinement or hard labor without conf…

The punishment which a court-martial may direct for an offense shall not exceed the limits the governor prescribes for the offense.

A. A forfeiture shall not extend to any pay or allowances accrued before the date on which the sentence is approved by a person acting under section 26-1060. B. Any period of confinement included in a sentence of a court-martial begins to run from the date ordered by the court-ma…

A. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of a…

A. A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. B. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or…

A. After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action on the record may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or the gov…