Title 44 — Title 44 — Militia

RESERVED. Added by Laws 2019, c. 408, § 8, eff. Oct. 1, 2019.

Military Justice. ARTICLE 5. Territorial applicability of Oklahoma Uniform Code of Military Justice. The Oklahoma Uniform Code of Military Justice applies at all times and in all places. Courts-martial and courts of inquiry may be convened while state military forces are deployed…

ARTICLE 6. Judge advocates. A. Designation of State Judge Advocate and senior force component judge advocate. The Adjutant General shall designate in writing a State Judge Advocate from among the judge advocates duly commissioned in the state military forces. Regardless of rank, …

the fitness of military judges. ARTICLE 6A. Investigation and disposition of matters pertaining to the fitness of military judges. The Adjutant General shall promulgate regulations prescribing procedures for the investigation and disposition of charges, allegations, or informatio…

Uniform Code of Military Justice. ARTICLE 6B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice. A. A victim of an offense under the Oklahoma Uniform Code of Military Justice has the following rights: 1. The right to be reasonably protected fr…

ARTICLE 7. Apprehension. A. Apprehension is the taking of a person into custody. B. Any person authorized by the Oklahoma Uniform Code of Military Justice or by Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to apprehend persons subject t…

ARTICLE 8. Warrant of arrest, issuance, contents, service. A. A warrant of arrest for the purposes of securing the presence of an accused at any court-martial proceedings or in execution of a sentence of confinement may be issued by a general or special court-martial convening au…

ARTICLE 9. Imposition of restraint. A. Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing that person to remain within certain specified limits. Confinement is the physical restraint of a person. B. An enlisted member may be ord…

ARTICLE 10. Restraint of persons charged. A. 1. Unless otherwise provided in paragraph 2 of this subsection, any person subject to the Oklahoma Uniform Code of Military Justice who is charged with an offense under the Code may be ordered into arrest or confinement, as the circums…

ARTICLE 11. Place of confinement, reports and receiving of prisoners. A. Persons confined before or during trial by court-martial shall be confined in any place of confinement under the control of any of the armed forces, in any county jail or in any penal or correctional facilit…

military forces with enemy prisoners and certain others. ARTICLE 12. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others. No member of the state military forces shall be placed in confinement in immediate association with: 1.…

ARTICLE 13. Punishment prohibited before trial. No person, while being held for trial, 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 him or her be any more…

ARTICLE 14. Delivery of offenders to civil authorities. A. Under such regulations as the Adjutant General may prescribe, a person subject to the Oklahoma Uniform Code of Military Justice who is in a duty status and who is accused of an offense against civil authority may be deliv…

ARTICLE 15. Commanding officer's nonjudicial punishment. A. Except as provided in subsection B of this section, any commanding officer may impose disciplinary punishments for minor offenses arising under the punitive articles of the Oklahoma Uniform Code of Military Justice witho…

ARTICLE 16. Courts-martial classified. A. The three kinds of courts-martial in the state military forces are the following: 1. General courts-martial, as described in subsection B of this section; 2. Special courts-martial, as described in subsection C of this section; and 3. Sum…

ARTICLE 17. Jurisdiction of courts-martial in general. A. Each force component shall have court-martial jurisdiction over all persons subject to the Oklahoma Uniform Code of Military Justice. The exercise of jurisdiction by one force component over personnel of the other force co…

ARTICLE 18. General courts-martial. Subject to Section 817 of this title (Article 17), general courts-martial shall have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under such limitation…

ARTICLE 19. Jurisdiction of special courts-martial. A. Subject to Section 817 of this title (Article 17), special courts-martial have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under su…

ARTICLE 20. Jurisdiction and appeals of summary courts-martial. A. Subject to Section 817 of this title (Article 17), summary courts-martial have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice, except officers, cadets and officer candidates f…

ARTICLE 21. Convening of court-martial by federal officials. In no case shall the President of the United States, the Secretary of Defense, the secretary of a military department, a military officer serving on active duty within the meaning of Title 10 of the United States Code, …

ARTICLE 22. Who may convene general courts-martial. A. General courts-martial may be convened by: 1. The Governor; 2. The Adjutant General; 3. Any other commanding officer in the state military forces designated by the Adjutant General; or 4. Any other commanding officer in the s…

ARTICLE 23. Who may convene special courts-martial. A. Special courts-martial may be convened by: 1. Any person who may convene a general court-martial; 2. The commanding officer of a brigade in the army component of state military forces; 3. The commanding officer of a wing in t…

ARTICLE 24. Who may convene summary courts-martial. A. Summary courts-martial may be convened by: 1. Any person who may convene a general or special court- martial; 2. The commanding officer of a battalion in the army component of state military forces; 3. The commanding officer …

ARTICLE 25. Who may serve on courts-martial. A. Any commissioned officer who is a member of the same force component as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. B. Any warrant offi…

martial. ARTICLE 26. Military trial judge of a general or special court- martial. A. A military trial judge shall be detailed to each general and special court-martial. The Adjutant General shall promulgate regulations prescribing the manner of selection, certification and detail…

ARTICLE 26A. Military magistrates. A. Qualifications. A military magistrate: 1. Shall be a member of the bar of a federal court or a member of the bar of the highest court of a state and may be a commissioned officer of the state military forces; and 2. Shall be certified to be q…

ARTICLE 27. Detail of trial counsel and defense counsel. A. 1. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-ma…

ARTICLE 28. Detail or employment of reporters and interpreters. Under such regulations as the Adjutant General may prescribe, the convening authority of a court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and t…

and military judges. ARTICLE 29. Assembly and impaneling of members; detail of new members and military judges. A. The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, …

ARTICLE 30. Charges and specifications. A. Charges and specifications: 1. May be preferred only by a person subject to the Oklahoma Uniform Code of Military Justice; and 2. Shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed …

ARTICLE 30A. Certain proceedings conducted before referral. A. In general. 1. Proceedings may be conducted to review or otherwise act on the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations promulgated by th…

ARTICLE 31. Compulsory self-incrimination prohibited. A. No person subject to the Oklahoma Uniform Code of Military Justice 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 sub…

court-martial. ARTICLE 32. Preliminary hearing required before referral to general court-martial. A. In general. 1. a. Except as provided in subparagraph b of this paragraph, a preliminary hearing shall be held before referral of charges and specifications for trial by general co…

ARTICLE 33. Disposition guidance. The Adjutant General shall issue nonbinding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges…

ARTICLE 34. Advice to convening authority before referral for trial. A. General court-martial. 1. Staff judge advocate advice required before referral. Before referral of charges and specifications to a general court- martial for trial, the convening authority shall submit the ma…

ARTICLE 35. Service of charges; commencement of trial. A. In general. Trial counsel detailed for a court-martial under Section 827 of this title (Article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial. B. Commencement of …

ARTICLE 36. Procedure for courts-martial. A. The procedure, in all cases tried by courts-martial under the Oklahoma Uniform Code of Military Justice, shall be the federal Rules for Courts-Martial, as prescribed in the most recent edition of the Manual for Courts-Martial, United S…

ARTICLE 37. Unlawfully influencing action of court. A. No authority convening a general, special, or summary court- martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand, or admonish the court or any member, military judge, or…

ARTICLE 38. Duties of trial counsel and defense counsel. A. The trial counsel of a general or special court-martial shall prosecute in the name of the State of Oklahoma, and shall, under the direction of the court, prepare the record of the proceedings. B. 1. The accused has the …

ARTICLE 39. Sessions. 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 may, subject to Section 835 of this title (Article 35), call the court into session without the pre…

ARTICLE 40. Continuances. The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. Added by Laws 2019, c. 408, § 47, eff. Oct. 1, 2019.

ARTICLE 41. Challenges. 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 shall determine the relevancy and validity of challenges for cause, and may n…

ARTICLE 42. Oaths. A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perf…

ARTICLE 43. Statute of limitations. A. Except as otherwise provided in this section, a person charged with a military offense is not liable to be tried by court- martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications …

ARTICLE 44. Former jeopardy. A. No person may, 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 court-martial upon any charge or specification is a trial in the sense of this section until the f…

ARTICLE 45. Pleas of the accused. A. Irregular and similar pleas. 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 or she has entered the plea of guilty improvidently or thro…

trials by court-martial. ARTICLE 46. Opportunity to obtain witnesses and other evidence in trials by court-martial. A. Opportunity to obtain witnesses and other evidence. In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial …

ARTICLE 47. Refusal to appear or testify. A. In general. 1. Any person described in paragraph 2 of this subsection who: a. willfully neglects or refuses to appear, or b. willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is requir…

ARTICLE 48. Contempt. A. Authority to punish. 1. With respect to any proceeding under the Oklahoma Uniform Code of Military Justice, a judicial officer specified in paragraph 2 of this subsection may punish for contempt any person who: a. uses any menacing word, sign, or gesture …

ARTICLE 49. Depositions. A. In general. 1. Subject to paragraph 2 of this subsection, a convening authority or a military judge may order depositions at the request of any party. 2. A deposition may be ordered under paragraph 1 of this subsection only if the requesting party demo…