Title 33 — MILITARY AFFAIRS

The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of: (a) A military judge and not less than five members; or (b) Only a military judge, if before the court is assembled the accused, knowing the identity of the military jud…

Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this code. Additionally, the Army and Air National Guard state military forces have court-martial jurisdiction over all members subject to th…

Subject to § 33-10-62 , 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 Governor may prescribe, adjudge any punishment not forbidden by this code. Source: SL 2012, ch…

Subject to § 33-10-62 , special 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 Governor may prescribe, adjudge any punishment not forbidden by this code except dishonorable …

Subject to § 33-10-62 , summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the Governor may prescribe. Source: SL 2012, ch 175 , …

No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be or…

A general court-martial may be convened by the Governor or the adjutant general. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such au…

A special courts-martial may be convened by: (1) Any person who may convene a general court-martial; (2) The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station; (3) The commanding officer of a brigade, regiment, group, d…

A summary court-martial may be convened by: (1) Any person who may convene a general or special court-martial; (2) The commanding officer of a detached company or other detachment, or corresponding unit of the Army; (3) The commanding officer of a detached squadron or other detac…

Any commissioned officer of the state military forces may serve on all courts-martial for the trial of any person subject to this code. Source: SL 2012, ch 175 , § 51.

Any warrant officer of the state military forces may serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer. Source: SL 2012, ch 175 , § 52.

Any enlisted member of the state military forces who is not a member of the same unit as the accused may serve on general and special courts-martial for the trial of any enlisted member subject to this code. However, that member shall serve as a member of a court only if, before …

If it can be avoided, no person subject to this code may be tried by a court-martial where any member is junior to the accused in rank or grade. Source: SL 2012, ch 175 , § 54.

If convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judi…

Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this section to a judge advocate or to any other principal assistant. Sou…

A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. Source: SL 2012, ch 175 , § 57.

A military judge shall be: (1) An active or retired commissioned officer of an organized state or federal military force; (2) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years; and (3) Certified …

In the instance if a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the senior force judge advocate which is the same force as the accused setting forth su…

The military judge of a general or special court-martial shall be designated by the senior force judge advocate which is the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening auth…

No person may act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case. Source: SL 2012, ch 175 , § 61.

The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court. Source: SL 2012, ch 175 , § 62.

For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate. Source: SL 2012, ch 175 , § 63.

No person who has acted as investigating officer, military judge, witness or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same c…

Except as provided in § 33-10-85 , trial counsel or defense counsel detailed for a general or special court-martial shall be: (1) A judge advocate as defined in § 33-10-20 ; and (2) In the case of trial counsel, a member in good standing of the bar of the highest court of the sta…

In the instance when a defense counsel is not a member of the bar of the highest court of the state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is: (1) A commissi…

Under such rules as may be promulgated by the Adjutant General pursuant to chapter 1-26 , the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken be…

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 unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of th…

If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum numbe…

If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial sh…

If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of subsections 33-10-6…

A military court sitting in any county shall be attended by the county sheriff, or some suitable person designated by the sheriff, who shall be the marshal of the court and perform the usual duties of such marshals. The marshal shall execute any process lawfully issued by the cou…

Every marshal appointed to a military court shall be allowed the same fees and mileage allowed sheriffs for their duties in criminal cases as provided in § 7-12-18 , the same to be paid on the certificate of the president of the court or presiding judge as to number of days emplo…

Refusal or neglect by the sheriff or marshal to execute any warrant required in § 33-10-91 or to return and pay all the money collected as fines subjects the offending sheriff or marshal to double the amount of such fines and penalties. The conversion to personal use of moneys so…

No action may be maintained against any member of a military court on account of the imposition of a fine or penalty, or for the execution of a sentence on any person, if the person has been returned as delinquent and duly summoned before the court, or has appeared before the cou…

Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by § 33-10-298 or 33-10-299 , to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated, the matters set f…

No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate the person. Source: SL 2012, ch 175 , § 77.

No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make any statement regarding t…

No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person. Source: SL 2012, ch 175 , § 79.

No statement obtained from any person in violation of §§ 33-10-96 to 33-10-98 , inclusive, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial. Source: SL 2012, ch 175 , § 80.