Title 39A, Title 39A: National Guard and Militia Act

39A-5-105. Application of chapter in and outside of the state -- Military courts held outside the state. (1) This chapter applies to all individuals: subject to this chapter within the state; otherwise subject to this chapter while serving outside the state; and while going to an…

39A-5-106. Offenses against the state by individual not subject to chapter. An individual not subject to this chapter is guilty of an offense against the state if the individual willfully neglects or refuses to appear, refuses to qualify as a witness or to testify, or refuses to …

39A-5-107. Apprehension. (1) An individual authorized under this chapter or rules promulgated pursuant to this chapter to apprehend individuals subject to this chapter, any provost marshal of a military court appointed under this chapter, and any peace officer authorized by law, …

39A-5-108. Arrest. (1) An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend…

39A-5-109. Fraudulently obtained discharge -- Desertion -- Limitations -- Tolling of time limits. (1) An individual discharged from the National Guard who is later charged with having fraudulently obtained the discharge is subject to trial by a military court on that charge. (2) …

39A-5-110. Confinement. (1) An individual subject to this chapter, who is charged with an offense under this chapter, may be ordered into arrest or confinement, as circumstances require. When an individual subject to this chapter is placed into arrest or confinement prior to tria…

39A-5-111. Parties under obligation to keep a prisoner -- Reporting. (1) A provost marshal, sheriff, or officer of a city or county jail or penal institution designated under Section, may not refuse to receive or keep any prisoner if the committing officer provides a signed state…

39A-5-112. Individual confined prior to trial -- Punishment limitations. (1) Subject to Section, an individual in confinement prior to trial may not be subjected to punishment or penalty other than arrest or confinement while the charges are pending. 39A-5-110 (2) The arrest or c…

39A-5-113. Individual accused of offense against civilian -- Sentences of military and civilian courts. (1) A service member on duty and subject to this chapter who is accused of an offense against a civilian individual may be delivered, upon request, to a civilian authority for …

39A-5-114. Charges and specifications -- Contents -- Notification of accused. (1) Charges and specifications shall be signed by a member subject to this chapter under oath before an individual authorized to administer oaths and shall state that: the individual signing has persona…

39A-5-114.5. Use of force in defense of equipment and personnel of the National Guard or military. (1) As used in this section, "deadly force" means the same as that term is defined Section. 76-2-404 (2) A military service member or a member of the National Guard may use force, i…

39A-5-115. Individual charged -- Limits on evidence obtained from other individuals. (1) An individual subject to this chapter may not: compel any individual to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate the individual; i…

39A-5-116. Charges to be forwarded to governor or adjutant general. When an individual is held for trial by military court, the commanding officer shall forward the charges, together with the investigation and related papers, to the governor or the adjutant general within five wo…

39A-5-117. Review of charge by SJA -- Corrections to charges. (1) Before directing the trial of any charge by a military court, the convening authority shall refer the charge to the SJA for consideration and advice. The convening authority may not refer a charge to a military cou…

39A-5-118. Service of charges on accused. (1) The trial counsel to whom charges are referred for trial shall cause to be served upon the accused a copy of the charges to be tried. (2) An individual may not, against his or her objection, be brought to trial or be required to parti…

39A-5-119. Chapter interpretation -- Federal law governs. (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the National Guard not inconsistent with the constitution and laws of this state or with a…

39A-5-201. Military courts. This part sets the requirements and procedures for the conduct of military courts of the Utah National Guard.

39A-5-202. Composition -- Convening authority -- Responsibilities. (1) Within the National Guard while not in federal service, there is created a military court to hear matters designated under the Utah Code of Military Justice. (2) The governor or the adjutant general of the sta…

39A-5-203. Jurisdiction -- Punishments. (1) A military court in this state has jurisdiction to try individuals subject to this chapter for any offense punishable by this chapter. The military court may, under limitations the governor may prescribe, and under applicable state and …

39A-5-204. Authority -- Processes and mandates. (1) A military court may issue all processes and mandates necessary to carry into effect the court's authority. (2) Processes and mandates: may be issued by a military court judge or the president of other military courts; may be di…

39A-5-205. Execution of military court processes and sentences. The processes and sentences of the National Guard in its military court, when the guard is not in federal service, shall be executed by the civil officers prescribed by state law.

39A-5-206. Military judge -- Qualifications -- Designation for detail. (1) The convening authority of a military court shall, subject to regulations promulgated by the governor, detail a military judge, as designated by the state judge advocate, to preside over each open session …

39A-5-207. Authority of military court judges -- Payment of witnesses. (1) Judges of military courts may: issue a warrant for the arrest of an accused individual who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority …

39A-5-208. Individuals who may serve on a military court. (1) A commissioned officer off or on duty with the National Guard may serve on a military court for the trial of any individual brought before the court for trial. (2) A warrant officer off or on duty with the National Gua…

39A-5-209. Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance. (1) The court or any panel member, military judge, or counsel of the court may not be censured, reprimanded, or admonished by a convening authority,…

39A-5-210. Prosecutions in state name -- Right to defense trial counsel. (1) The trial counsel of a military court prosecutes in the name of the state, and shall prepare the record of the proceedings under the direction of the court. (2) The accused has the right to be represente…

39A-5-211. Court procedures -- Regulations by governor. (1) In cases subject to or brought under this chapter, before military courts, or before other military tribunals, the procedure, including elements of proof, may be prescribed by the governor. (2) The governor shall promulg…

39A-5-212. Military court -- Oath or affirmation. (1) Before performing their respective duties, an oath or affirmation to perform all duties faithfully shall be administered to: military judges; interpreters; members of the court; the trial counsel; the assistant trial counsel; …

39A-5-213. Military court -- Challenge for cause -- Peremptory challenge. (1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and …

39A-5-214. Military court members -- When excused -- Trial procedure. (1) A member of a military court may not be absent or excused after the court has been assembled for the trial of the accused, except because of physical disability, the result of a challenge, or for good cause…

39A-5-215. Military court -- Continuance. The military judge may, upon good cause shown, grant a continuance to trial or defense counsel for a stated period of time, when a continuance appears to be just.

39A-5-216. Military court -- Session -- Procedures. (1) After the service of charges has been referred for trial to a military court composed of a military judge and panel members, the military judge may, subject to Section, call the court into session. The session shall be: 39A-…

39A-5-217. Plea of not guilty -- Accepted -- Withdrawn. (1) A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused pleaded not guilty, if the accused: after arraignment, makes an irregular pleading; after a plea of guilty. raises a …

39A-5-218. Contempt -- Penalty. (1) A military court may punish for contempt any individual who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any disorderly conduct. (2) The punishment may not exceed confinement for three days in the…

39A-5-219. Obtaining evidence and witnesses -- Procedure. The trial and defense counsel, and the military court, have equal opportunity to obtain witnesses and other evidence under: (1) regulations promulgated by the governor or adjutant general; (2) the applicable rules of civil…

39A-5-220. Depositions -- Procedure. (1) After charges have been signed under Section, any party may take oral or written depositions unless the military judge hearing the case, or if the case is not being heard, an authority competent to convene a military court for the trial of…

39A-5-221. Sworn testimony -- Read in evidence. (1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military …

39A-5-222. Voting by military court members -- Procedure -- Presumption of innocence -- Reasonable doubt -- Burden of proof. (1) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A ruling made by the military j…

39A-5-223. Vote necessary for conviction or other questions -- Tie votes. (1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken. (2) All other questions decided by the members of a milit…

39A-5-224. Findings -- Background check prior to sentencing. (1) A court shall announce its findings and sentence to the parties as soon as determined. (2) The court panel may defer sentencing pending an investigation of the background of the accused to determine a just and appro…

39A-5-225. Finding or sentence -- Error -- Review. (1) A finding or sentence of a military court may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) A reviewing authority with the power to ap…

39A-5-226. Military court records. (1) Each military court shall maintain a separate record of the proceedings in each case brought before it. Each record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge du…

39A-5-227. Trial record forwarded to convening authority. After a trial by a military court, the record shall be forwarded to the convening authority, as the reviewing authority. Action on the record may be taken by the convening authority, a commissioned officer commanding at th…

39A-5-228. Convening authority refers record to SJA -- Opinion. The convening authority shall refer the record of each military court to the SJA, who shall submit a written opinion to the convening authority. If the final action of the court is an acquittal of all charges and spe…

39A-5-229. Specification dismissal -- No finding of not guilty -- Procedure. (1) If a specification before a military court has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for recon…

39A-5-230. Rehearing ordered by convening authority -- Grounds -- Procedure. (1) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings,…