Sentence of court-martial to be approved

N.D.C.C. § 37-09-14 — under Military Courts.

N.D.C.C. § 37-09-14

A sentence of any court-martial is not effective until approved by the convening authority. A sentence of dismissal from the service or dishonorable discharge imposed by a court-martial may not be executed until approved by the governor.

37-09-15. Warrant may be issued by a president of a court-martial and a summary court officer. A president of a court-martial and a summary court officer may issue a warrant to arrest an accused person and to bring that person before the court for trial whenever that person has disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order. A president of a court-martial and a summary court officer may issue a warrant for the arrest and confinement of a convicted person, and any other warrant, writ, or process which may be necessary to enable any such court to carry into full effect the powers vested in it by the laws of the United States and of this state.

37-09-16. Process, writs, and warrants of military courts - Form - Directed to and executed by civil officers. The process, writs, and warrants of the military courts of this state must be similar in form to like process, writs, and warrants issued by civil courts or in such form as the governor may prescribe from time to time in regulations the governor issues. A process, writ, or warrant must be directed to, and executed or served by, any sheriff, member of the state highway patrol, or any peace officer of any county or municipality, and the officer to whom the same is directed shall serve or execute the same in the same manner and to the same extent as a corresponding instrument of a civil court is served or executed and shall make return thereof to the officer who issued the process, writ, or warrant, as the case may be.

37-09-17. Keeper of municipal or county jails to receive persons committed by military court. The keeper of any municipal or county jail shall receive persons committed to the keeper by a military court, and shall confine them in accordance with the direction and sentence of said court.