Title 38 — Title 38

This chapter may be cited as the ‘‘Georgia Military Forces Reorganization Act of 1955.’’ History. — Ga. L. 1955, p. 10, § 2.

Definitions. Division and composition of militia; membership of unorganized militia. Persons exempted from militia duty; exception. Federal call up of militia; Governor’s duties; utilization of unorganized militia; effect of unit’s absence. Ordering organized militia into active s…

This article shall be known and may be cited as the ‘‘Georgia Code of Military Justice.’’ History. — Code 1981, § 38-2-1000, enacted by Ga. L. 2015, p. 753, § 1/HB 98. 38-2-1001. Definitions.

As used in this article, the term: (1) ‘‘Accuser’’ means a person who signs and swears to charges, directs that charges nominally be signed and sworn to by another, or has an interest other than an official interest in the prosecution of the accused. (2) ‘‘Another state’’ means a…

(a) This article shall apply to all members of the organized militia at all times and in all places when not serving as provided for by Title 10 of the United States Code. (b)(1) Subject matter jurisdiction under this article shall be established if a nexus exists between an offe…

Bad conduct discharge. Finality of proceedings, findings and sentences, §38-2-1076. General courts-martial. Sentence and punishment. Punishments imposed by general courts-martial, §38-2-1018. Review of courts-martial. Execution of sentence, §38-2-1071. Sentence and punishment. Adm…

When calculating forfeiture punishments under this article for nonactive duty members of the Georgia National Guard, each unit training assembly shall constitute a day. Otherwise, any punishment authorized by this article which is measured in terms of days shall mean successive d…

(a) This article shall be applicable at all times and in all places, provided that either the person subject to this article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting an offense under this article and the effic…

Consultation with staff judge advocate for recommendation, §38-2-1060. Matters submitted for consideration, §38-2-1060. Power to modify findings or sentence, §38-2-1060. Proceedings in revision or rehearing, §38-2-1060. Convening of courts-martial, §§38-2-1022 to 38-2-1029. Counte…

(a) Any person authorized by this article or Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to take persons into custody subject to this article, any marshal of a court-martial appointed pursuant to the provisions of this article, and any…

History. — Code 1981, § 38-2-1008, enacted by Ga. L. 2015, p. 753, § 1/HB 98. 38-2-1009. Who may order the arrest or confinement of members.

(a) An enlisted member may be ordered into arrest or confinement by any commander in the grade of O-4 or above by an order, oral or written, delivered in person or through any other person who is subject to this article. A commander in the grade of O-4 or above may authorize commi…

Any person subject to this article who is charged with an offense under this article shall be ordered into arrest or confinement by the adjutant general, as circumstances may require. When any person subject to this article is placed in arrest or confinement prior to trial, immedia…

Confinement and imprisonment other than in a guard house, whether prior to, during, or after trial by a military court, shall be executed in jails or correctional institutions designated by the Governor, or by the adjutant general under delegation by the Governor, for that purpose…

No member of the organized militia shall be placed in confinement in immediate association with enemy prisoners. History. — Code 1981, § 38-2-1012, enacted by Ga. L. 2015, p. 753, § 1/HB 98. 38-2-1013. Restriction on means of punishment.

No person, while being held for trial or awaiting a verdict, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumst…

Reserved. Who may order the arrest or confinement of members. Restraint of persons charged with offenses. Confinement and imprisonment in civil jails. No confinement with enemy prisoners. Restriction on means of punishment. Delivery of offenders to civil authorities. PART 3 PART 6 3…

Notice of appeal. State’s appeals, §38-2-1062. Oaths. Courts-martial. Judge, members, counsel, etc, §38-2-1042. Perjury, §38-2-1131.

There shall be three kinds of courts-martial in the organized militia: (1) General courts-martial, which shall consist of: (A) A military judge and not less than six members; or (B) Only a military judge, if, before the court is assembled, the accused, knowing the identity of the…

Special courts-martial, §38-2-1019. 747 INDEX JURISDICTION —Cont’d Code of military justice —Cont’d Courts-martial —Cont’d Summary courts-martial, §38-2-1020. Subject matter jurisdiction, §38-2-1002. Territorial applicability of provisions, §38-2-1005. Emergency management and ho…

Subject to Code Section 38-2-1017, general courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and shall, under such limitations as the Governor may prescribe pursuant to Part 1 of Article 2 of this chapte…

Subject to Code Section 38-2-1017, special courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may …

(a) Subject to Code Section 38-2-1017, summary courts-martial shall have jurisdiction to try persons subject to this article, except for commissioned or warrant officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as…

History. — Code 1981, § 38-2-1021, enacted by Ga. L. 2015, p. 753, § 1/HB 98. PART 5 CONVENING OF COURTS-MARTIAL 38-2-1022. Convening of general courts-martial.

(a) General courts-martial may be convened by the Governor. The Governor may delegate the authority to convene general courts-martial to the adjutant general, but such authority shall not be delegated further. (b) If the Governor is the accuser, the general court-martial shall be…

(a) Special courts-martial may be convened by the Governor, the adjutant general, the assistant adjutant general for army, or the assistant adjutant general for air. (b) If any individual in subsection (a) of this Code section is an accuser, the special court-martial shall be con…

(a) Summary courts-martial may be convened by: (1) Any person authorized to convene a special court-martial under subsection (a) of Code Section 38-2-1023; or (2) Any commander in the grade of O-6 or above. (b) If any individual listed in subsection (a) of this Code section is an…

(a) For purposes of this Code section, the term ‘‘unit’’ means any regularly organized body of the organized militia not larger than a 446 38-2-1025 company, a squadron, a division of the naval militia, or a body corresponding to one of them. (b) Any commissioned officer of the o…

(a) A military judge shall be detailed to each general and special court-martial by the authority convening a general or special 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 milita…

(a)(1) For each general and special court-martial the convening authority shall detail a trial counsel and such assistants as appropriate. (2) For each general and special court-martial, if the United States Army Trial Defense Services or a similar entity exists, such entity shal…

Under such regulations as may be prescribed by the Governor pursuant to Part 1 of Article 2 of this chapter, 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 t…

Judge, members, counsel, etc, §38-2-1042. 713 INDEX CODE OF MILITARY JUSTICE —Cont’d Special courts-martial —Cont’d Oaths —Cont’d Witnesses, §38-2-1042. Peremptory challenges of members, §38-2-1041. Pleas.

(a) Charges and specifications shall be signed by a person subject to this article under oath before a commissioned officer authorized by Code Section 38-2-1136 to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated, the matters set…

(a) No person subject to this article shall 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 article shall interrogate or request any statement from an accused or a …

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

Consultation with staff judge advocate for recommendation, §38-2-1060. State judge advocate.

Advice on charges, §38-2-1034. Counsel, representation. Advise as to right, §38-2-1032. Investigation, representation of accused, §38-2-1032. Interrogation. Restrictions, §38-2-1031. Investigations, §38-2-1032. Charges and specifications. Time between service of charges and trial,…

Pretrial, trial, and post-trial procedures, including, but not limited to, modes of proof, for courts-martial cases arising under this article and for courts of inquiry shall be prescribed by the Governor, or the adjutant general by delegation of the Governor, by regulations issu…

(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 such court or any member, the military judge, counsel, or witness thereof with respect to the findin…

(a) The trial counsel of a general or special court-martial shall be a member in good standing of the State Bar of Georgia and shall prosecute in the name of this state and shall, under the direction of the court, prepare the record of the proceedings. (b)(1) The accused shall ha…

(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 shall, subject to Code Section 38-2-1035, call the 458 38-2-1040 court into session without the presence of the members …

The military judge of a court-martial or a summary court-martial officer may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just. History. — Code 1981, § 38-2-1040, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

(a)(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, if one, or the court shall determine the relevancy and validity of challenges for cause and shall n…

(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 to perform their duties faithfully. The form of such oath or affirmation, the …

(a) A person charged with desertion or absence without leave in time of armed conflict or war, whether or not declared, or with aiding the enemy or with mutiny shall be tried and punished at any time without limitation. (b) Except as otherwise provided in this article, a person ch…

(a) No person shall, without his or her consent, 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 shall be a trial in the sense of this Code section until the finding of guil…

(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 th…

The trial counsel, the defense counsel, and the summary court-martial officer shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter. 463 38-2-1046 MILITARY, EMERG. & VET. AFFAIRS His…

(a) Any person not subject to this article who: (1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before suc…

(a) A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder. (b) A person subject to this article may be punished for contempt by confinem…