Title 10 — Health and Safety

Subject to such regulations as are promulgated by the Adjutant General, the individual facilities may be used for reasonable and legitimate civilian activities so long as such activities do not interfere with their military purposes. Proceeds, if any, received from the civilian u…

This Article shall be known and may be cited as the “Guam National Guard Code of Military Justice.”

As used in this Code: (a) “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (b) “Ac…

(a) This Code applies to each member of the Guam military forces on duty status who is not in federal service. It also applies during the period of time in which he was under lawful order to be in a duty status. (b) It also applies to any person who has the capacity to understand…

(a) Each person discharged from the Guam military forces who is later charged with having fraudulently obtained his discharge is, subject to § 63720.9 of this Code, subject to trial by court-martial on that charge and is, after apprehension, subject to this Code while in custody …

[Repealed, reserved, or text not separately stated.]

(a) This Code applies in all places. It also applies to all persons otherwise subject to this Code while they are serving outside the Guam, and while they are going to and returning from such service outside the Guam, in the same manner and to the same extent as if they were serv…

(a) Appointment. (1) The Adjutant General shall appoint an officer of the Guam military forces as Guam Judge Advocate General. To be eligible for appointment, an officer must have graduated from an ABA accredited law school, be a member in good standing of a bar of a Federal Cour…

(a) Definition. “Apprehension” is the taking of a person into custody. (b) Who may apprehend. Any person authorized by this Code, or by regulations issued under it, and/or any marshal of a court-martial appointed pursuant to the provisions of this Code, and any peace officer havi…

Any civil officer having authority to apprehend offenders under the laws of the United States or a State, Territory, Commonwealth of the United States or the District of Columbia may summarily apprehend a deserter from the Guam military forces and deliver him into the custody of …

(a) Definition of Arrest and Confinement. (1) “Arrest” is the restraint of a person by an order, not imposed as punishment for an offense, directing him to remain within certain specified limits. (2) “Confinement” is the physical restraint of a person. (b) Restraint of enlisted m…

Any person subject to this Code charged with an offense under this Code shall be ordered into arrest or confinement, as circumstances may require; but when charged with an offense normally processed as nonjudicial punishment, such person shall not ordinarily be placed in confinem…

(a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a Guam jail, lockup or correctional facility designated under § 63710 of this Code, may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes…

[Repealed, reserved, or text not separately stated.]

Subject to § 63720.19 of this Code, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigo…

(a) Under such regulations as may be prescribed under this Code, a person subject to this Code who is on duty status who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. (b) When delivery under this article is made…

(a) Limiting Regulations. Under disciplinary regulations as the Adjutant General may promulgate, limitations may be placed on the powers granted by this Article with respect to the kind and the amount of punishment authorized, the categories of commanding officers and warrant off…

(a) The three kinds of courts-martial in each of the Guam military forces are: (1) General Court-Martial, which shall consist of: (A) a military judge and not less than five (5) members; or (B) only a military judge, if before the court is assembled the accused, knowing the ident…

Each Armed Force of Guam has court-martial jurisdiction over all persons subject to this Code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations of the Guam military forces. All persons subject or who become subject …

(a) Subject to § 63716.1 of this Code, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the regulations of the Guam military forces may prescribe, adjudge any of the follow…

(a) Subject to § 63716.1 of this Code, special courts-martial have jurisdiction to try persons subject to this Code, except commissioned officers, for any offense for which they may be punished under this Code. A special court-martial has the same powers of punishment as a genera…

(a) Subject to § 63716.1 of this Code, summary courts-martial have the jurisdiction to try persons subject to this Code, except officers, for any offense made punishable by this Code. (b) No person with respect to whom summary courts-martial have jurisdiction may be brought to tr…

The provisions of this Code conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military …

In the Guam military forces a general courts-martial may be convened by: (a) I Maga’hågan/Maga’låhen Guåhan; or (b) the Adjutant General or any other General Officer in the Guam military forces under disciplinary regulations of such military forces. SOURCE: UCMJ Art. 22. 2026 NOT…

In the Guam military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, separate squ…

In the Guam military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, separate squ…

(a) Any Guam commissioned officer in duty status is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. COL 2026-04-23 (b) Any warrant officer in duty status is eligible to serve on general and special cour…

(a) A military judge shall be detailed to each general court-martial. A military judge shall, if not prevented by physical conditions or military exigencies, be detailed to each special and summary court- martial. Regulations shall provide for the manner in which the military jud…

(a) For each general, special, and summary court-martial the authority convening the court shall detail trial counsel and defense counsel and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case…

Under such regulations as the Adjutant General may prescribe, the convening authority of a general or special 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 t…

(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 except for physical disability or as the result of a challenge or by order of the convening authority for good cause. (b) Whenever a genera…

(a) Charges and specifications shall be signed by a person subject to this Code under oath before a commissioned officer of the Guam military forces authorized 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 Code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. (b) No person subject to this Code may interrogate, or request any statement from an accused or a person suspected of an offe…

(a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, co…

When a person is held for trial by general court-martial the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising …

(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has been advised i…

The trial counsel to whom general or special court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. The summary court-martial convening authority shall, in the referral of a summary court-martial…

(a) Pretrial, trial, and post-trial procedures, including burdens of proof, for cases arising under this Code triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by disciplinary regulations which sh…

(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, military judge, or counsel thereof, with respect to the findings or sent…

(a) No person tried by a court provided for by this code shall for the same offense be tried by another court of Guam. (b) No proceedings in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this Article until th…

(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 o…

(a) The trial counsel, the defense counsel, the accused, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. Each shall have the right of compulsory process for obtaining witnesses. (b) The presiding officer of a court-martial may: (1) Issue…

(a) Any person not subject to this Code who: (1) has been duly subpoenaed to appear as a witness or to produce books, records or other evidence before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil off…

A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disrupts its proceedings by any riot or disorder. The punishment may not exceed confinement of thirty (30) days or a fine of One Hundred Dollars ($100), or bot…

(a) Oral or written deposition, may be taken by any party, at any time, after charges have been signed in accordance with § 63719 of this Code, unless prohibited by a military judge or a court-martial without a military judge hearing the case, or, if the case is not being heard, …

(a) 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, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the …

(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 upon questions of challenge, shall be by secret COL 2026-04-23 written ballot. The junior member of the court shall count th…

(a) No person shall be convicted, if charged under § 63723.60 of this Code of an offense which is a violation of the Guam penal laws and the punishment assessable is that which Guam Penal statutes authorizes, unless the court-martial is before an appropriate court of the territor…

A court-martial shall announce its findings and sentence to the parties as soon as determined. SOURCE: UCMJ Art. 53.

(a) The trial counsel of a general, special, or summary court-martial shall prosecute in the name of Guam, and shall, under the direction of the court, prepare the record of the proceedings. (b) [No text] (1) The accused has the right to be represented in his defense before a gen…