Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

1. Each force of the state military forces has court-martial jurisdiction over all persons subject to this code. 2. Courts-martial have primary jurisdiction of military offenses as defined in sections 29B.77 through 29B.116 of this code. [C35, §467-f33, -f61; C39, § 467.35, 467.6…

Subject to section 29B.16 , 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 adjutant general may prescribe, adjudge any one or a combination of the following punishmen…

1. a. Subject to section 29B.16 , special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may have been punished under this code and may, under such limitations as the adjutant general may impose by rule, adjudge any one or a co…

In the state military forces a sentence of dismissal or dishonorable discharge shall not be executed until it is approved by the governor. [C54, 58, 62, §29.75; C66, 71, 73, 75, 77, 79, 81, §29B.19 ; 82 Acts, ch 1042, §8 ] Referred to in §29B.128

1. Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to section 29B.44 , subject to trial by court-martial on that charge and is after apprehension subject to this code while in the custody of the …

A sentence imposing a dishonorable discharge, discharge under other than honorable conditions, dismissal, or confinement shall not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under this code was…

In the state military forces, not on federal active duty, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each three dollars of the authorized fine. [C35, §467-f35; C39, § 467.37; C46, 50, §29.37; C54, 58, 62, §29.74; C66, 71…

1. A judge advocate in the state military forces shall be a commissioned officer who is a member of the bar of the state. However, a judge advocate serving in the military forces of the state on April 22, 2002, who is not a member of the bar of the state shall not be required to …

In the state military forces general courts-martial may be convened by the governor, or by the adjutant general of the state of Iowa. [C39, § 467.33; C46, 50, §29.33; C54, 58, 62, §29.71; C66, 71, 73, 75, 77, 79, 81, §29B.23 ; 82 Acts, ch 1042, §10 ] Referred to in §29B.128

In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the state military forces are on duty, or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or o…

1. In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the state military forces are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, d…

1. a. Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before the courts for trial. b. Any warrant officer of or on duty with the state military forces is eligi…

1. The authority convening a general court-martial shall detail a military judge to the court-martial. Subject to rules of the adjutant general, the authority convening a special court-martial may detail a military judge to the court-martial. A military judge shall preside over e…

1. For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel and assistants the authority considers appropriate. A person who has acted as investigating officer, military judge, or court member in a case shall not …

Under such regulations as the adjutant general may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ certified court reporters, who shall record the proceedings of and testimony taken before that court. Under like …

1. This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they w…

1. 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 except for physical disability or as the result of a challenge or by order of the convening authority for good cause. 2. If a general c…

1. Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state: a. That the signer has personal knowledge of, or has investigated, the matters set forth therein; and b. That the…

1. No person subject to this code may compel any person to make a self-incriminating statement or to answer any question the answer to which may tend to incriminate the person. 2. No person subject to this code may interrogate, or request any statement from, an accused or a perso…

1. A charge or specification shall not be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth in the charge or specification is made. This investigation shall include inquiry as to the truth of the matter set for…

When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges directly to the person exercising general court-martial jurisdiction, together wit…

1. Before directing the trial of any charge by general court-martial, the convening authority shall refer the charge to the appropriate staff judge advocate of the state force concerned for consideration and advice. The convening authority may not refer a charge to a general cour…

The trial counsel to whom 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 accused shall not be brought to trial before a general court-martial or be required to participate in a sessio…

The procedures, including modes of proof, in cases before military courts and other military tribunals shall be prescribed by the adjutant general by rule, but shall not be contrary to or inconsistent with this code. All courts and other proceedings shall be conducted under the p…

1. The authority convening a general, special, or summary court-martial or any other commanding officer, or officer serving on the staff of the authority, shall not censure, reprimand, or admonish the court or any member, military judge, or counsel of the court, with respect to t…

1. The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings. 2. The accused has the right to be represented in the accused’s defense before a general or spe…

1. “Apprehension” is the taking of a person into custody. Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer auth…

1. At any time after the service of charges referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to this chapter , call the court into session without the presence of the members for the purpose of any of the following: a…

A military judge or court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. [C66, 71, 73, 75, 77, 79, 81, §29B.41 ; 82 Acts, ch 1042, §24 ]

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 in the absence of a military judge shall determine the relevancy and validity of challenges…

Before performing their official duties, military judges, members of a general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The ad…

1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation. 2. Except as otherwise provided in this section , a person charged with desertion in time of peace or wit…

1. No person may, without the person’s consent, be tried a second time in any military court of the state for the same offense. 2. No proceeding 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 section u…

1. If the accused after arraignment makes an irregular pleading, or after a plea of guilty sets up defenses 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…

1. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the adjutant general may prescribe. 2. The military judge or the president of a court-martial without a mili…

1. Any person not subject to this code is guilty of a simple misdemeanor if the person does all of the following: a. Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer and designated to t…

1. A military court may punish for contempt any person subject to this code 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 …

Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state military forces and deliver the deserter into the cus…

1. At any time after charges have been signed, as provided in section 29B.31 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…

1. 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, may, if otherwise admissible under the rules of evid…

1. 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 written ballot. The junior member of the court shall count the votes. The coun…

1. A person shall not be convicted of an offense, except as provided in this code by the concurrence of two-thirds of the members present at the time the vote is taken. 2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that t…

A court-martial shall announce its findings and sentence to the parties as soon as determined. [C66, 71, 73, 75, 77, 79, 81, §29B.54 ]

1. 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 death, disability, …

Punishment by cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code. [C66, 71, 73, 75, 77, 79, 81, §29B.56 ]

The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code. [C66, 71, 73, 75, 77, 79, 81, §29B.57 ]