Title 32, MILITARY ESTABLISHMENT

Sec. 5. (1) If an officer, dismissed by order of the governor by reason of an alleged violation of this code, makes written application for trial by court-martial to the governor, setting forth, under oath, that he or she has been wrongfully dismissed, the governor within 6 month…

Sec. 6. (1) The adjutant general shall appoint an officer of the state military forces as state staff judge advocate. To be eligible for appointment, an officer must be licensed to practice law in this state, and have practiced law in this state for at least 5 years, and must be …

Sec. 6a. (1) A victim of an offense under this code has the rights conferred by state law in nonmilitary courts, including, but not limited to, all of the following: (a) The right to be reasonably protected from the accused. (b) The right to reasonable, accurate, and timely notic…

Sec. 7. (1) A person authorized under the rules issued pursuant to this code to apprehend a person subject to this code, a marshal of a court-martial appointed pursuant to this code, or a law enforcement officer of this state or a political subdivision of this state may apprehend…

Sec. 8. A civil law enforcement officer of this state may apprehend a person charged with the violation of section 85 and deliver the person into the custody of the state military forces.

Sec. 9. (1) As used in this section, "arrest" means the restraint of a person by an order not imposed as a punishment for an offense, directing the person to remain within certain specified limits. (2) An officer or enlisted member of the state military forces accused of an offen…

Sec. 10. (1) An individual subject to this code and charged with an offense under this code must be ordered into arrest or confinement, as circumstances may require. If the individual is charged only with an offense normally tried by a summary court-martial, the individual shall …

Sec. 11. (1) A provost marshal, commander of a guard, warden, keeper, or officer of a place of confinement described in section 10, shall not refuse to receive or keep a prisoner committed to his or her charge when the committing person furnishes a statement, signed by that perso…

Sec. 13. (1) Except as provided in section 15 of article I of the state constitution of 1963, a person charged with a violation under this code is entitled to bail. (2) Before trial, a person is entitled to bail in an amount determined by the military judge. (3) The amount of bai…

Sec. 14. (1) It is the intent of the legislature that trial by court-martial be limited to the violations defined in article 10. (2) A person subject to this code who is on active state duty and who is accused of a criminal offense against civil authority shall be delivered, upon…

Sec. 15. (1) Under regulations promulgated under this code, a commanding officer, in addition to or instead of an admonition or reprimand, may impose disciplinary punishment for a minor offense on an officer under that commanding officer's command without the intervention of a co…

Sec. 16. The 3 kinds of courts-martial in the state military forces are: (a) General courts-martial, consisting of a military judge and not less than 8 members; or only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and …

Sec. 17. Subject to this code, the Michigan Army National Guard and Michigan Air National Guard each have court-martial jurisdiction over its members.

Sec. 18. A general court-martial has jurisdiction to try an individual subject to this code for an offense made punishable by this code and may adjudge any of the following punishments: (a) Confinement of not more than 2 years. (b) A fine of not more than $2,500.00 for a single o…

Sec. 19. (1) A special court-martial has jurisdiction to try an individual subject to this code for an offense for which the individual may be punished under this code. A special court-martial may adjudge the same punishments as a general court-martial except that the special cou…

Sec. 20. (1) A summary court-martial has jurisdiction to try an individual subject to this code, except an officer or a cadet, for an offense made punishable by this code. (2) An individual must not be tried by a summary court-martial if, before trial, the individual objects to a…

Sec. 22. A general court-martial may be convened by order of the governor or the state adjutant general.

Sec. 23. Except as otherwise provided in this section, 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, separate squadron, or other …

Sec. 24. Except as otherwise provided in this section, 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, detached …

Sec. 25. (1) Members for all courts-martial shall be selected at random pursuant to regulations issued by the state adjutant general not inconsistent with this section. (2) A commissioned officer on duty with the state military forces is eligible to serve on all courts-martial fo…

Sec. 26. (1) Subject to this section, a military judge must be detailed to each general or special court-martial. (2) A military judge must be a commissioned officer who is licensed to practice law in this state and who is certified to be qualified, by reason of education, traini…

Sec. 27. (1) For each general and special court-martial, the convening authority shall request the state staff judge advocate to detail trial counsel and defense counsel, and those assistants as the convening authority considers appropriate. An individual who has acted as investi…

Sec. 28. (1) The convening authority of a general or special courts-martial shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before the court-martial. (2) The convening authority of a military court may detail or employ int…

Sec. 29. (1) A member of a general or special courts-martial shall not be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (2) If a general court-martial is r…

Sec. 30. (1) Any person subject to this code may prefer charges. (2) A person preferring charges and specifications shall sign the charges under oath before a person authorized by this code to administer oaths and shall state all of the following: (a) That the signer has personal…

Sec. 30a. (1) A military judge may be appointed to conduct proceedings to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial in accordance with regulations promulgated under this code: (a) Prereferral investigative su…

Sec. 31. (1) A person subject to this code shall not compel another person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate the person. (2) A person subject to this code may not interrogate, or request any statement from, an …

Sec. 32. (1) A charge or specification must not be referred to a general court-martial for trial until a thorough and impartial investigation of all matters set forth in the charge or specification has been made. The conduct of this investigation is the responsibility of the offi…

Sec. 33. If a person is held for trial by a general court-martial, the officer exercising special court-martial jurisdiction over the accused shall, within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the inves…

Sec. 34. (1) Before directing the trial of a charge by a general court-martial, the convening authority shall refer the charge to the state staff judge advocate for consideration and advice. The convening authority shall not refer a charge to a general court-martial for trial unl…

Sec. 35. 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. In time of peace, a person, against the person's objection, shall not be brought to trial before a genera…

Sec. 36. The Military Rules of Evidence and the Rules for Courts-Martial as promulgated in the most recent version of the Manual for Courts-Martial must, as recognized in military criminal cases in the courts of the military, apply to a court-martial convened under this code to t…

Sec. 37. (1) An authority convening a general, special, or summary court-martial, or any other commanding officer or officer serving on the staff of the commanding officer shall not censure, reprimand, or admonish the court or a member, military judge, or counsel of the court, wi…

Sec. 38. (1) 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-martial, shall prepare the record of the proceedings. (2) The accused has the right to be represented before a general or special c…

Sec. 38a. The accused in a proceeding under this code must be permitted to request a military defense counsel of choice who, if reasonably available, must be detailed to represent the accused and who, if not a member of the bar of this state, may represent the accused on a pro ha…

Sec. 39. (1) 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 may call the court into session without the presence of the members for the purpose of any of the following: (a…

Sec. 40. The military judge or a court-martial without a military judge, for reasonable cause, may grant a continuance to any party for a period, and as often, as appears to be just.

Sec. 41. (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 shall determine the relevancy and validity of challenges for cause, and may not receive a chal…

Sec. 42. (1) Before performing their respective duties, interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the pr…

Sec. 43. (1) An individual charged with desertion or absence without leave when the governor, by proclamation has declared a state of emergency, or with aiding the enemy, or mutiny, shall be tried and punished at any time without limitation. (2) An individual charged with an offe…

Sec. 44. (1) A person subject to this code shall not be tried a second time by a civil court or a military court of the state for the same offense. (2) A proceeding in which an accused is found guilty by a court-martial upon a charge or specification is not a trial in the sense o…

Sec. 45. (1) If an accused, after arraignment, makes an irregular pleading, or after a plea of guilty sets up a 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 ef…

Sec. 46. (1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. (2) The military judge or a summary court officer may do any of the following: (a) Issue a warrant for the arrest of a person who disobe…

Sec. 47. (1) A person is guilty of an offense against the state and may be punished in the same manner as provided in actions or proceedings in the circuit courts of this state if that person does any of the following: (a) Has been duly subpoenaed to appear as a witness or to pro…

Sec. 48. A military court may punish for contempt an individual subject to this code who willfully and unlawfully refuses to be sworn or to affirm as a witness, or who refuses to answer a legal or proper question, or who uses a menacing word, sign, or gesture in the court's prese…

Sec. 49. (1) At any time after charges have been signed as provided in section 30, a party may take an oral or written deposition unless the military judge or a court-martial without a military judge hearing the case, or if the case is not being heard, the convening authority for…