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

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,…

39A-5-231. Convening authority review -- Action by governor final -- SJA review -- Appeal of final action. (1) When the governor is the convening authority, the governor's action on the review of a record of trial is final. (2) The state judge advocate shall review the record of …

39A-5-232. Military court sentence -- Execution by convening authority. (1) Except under Sectionsand, a military court sentence may be ordered executed by the convening authority when approved, unless suspended or deferred. 39A-5-306 39A-5-231 (2) The convening authority has disc…

39A-5-233. Probation violation -- Hearing -- Counsel -- Execution of suspended sentence. (1) Probation imposed as a result of a suspended sentence may be vacated by the convening authority. (2) Before a suspended military court sentence may be vacated, the officer holding conveni…

39A-5-234. Petition for new trial -- Grounds. Within 30 days after approval by the convening authority of a military court sentence, the accused may petition the convening authority for a new trial on the ground of newly discovered evidence or fraud on the court.

39A-5-235. Second trial on an offense prohibited. (1) An individual may not, without the individual's written consent, be brought to trial a second time in any military or civilian court of the state for the same offense. (2) A proceeding in which an accused has been found guilty…

39A-5-236. Sentence -- Vacation or suspension. (1) A convening authority may vacate or suspend any part or amount of the unexecuted portion of the sentence, including all uncollected forfeitures. (2) The governor may for good cause shown substitute an administrative form of a dis…

39A-5-237. Sentence set aside -- Rights restored. (1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court sentence which has been set aside or disapproved, except an executed dismi…

39A-5-238. Finality of military court judgments. (1) The proceedings, findings, and sentence a military court has reviewed and approved under this chapter, and all dismissals and discharges executed under sentences by military court following review and approval under this chapte…

39A-5-239. Courts of inquiry. (1) Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the individuals involved have requested the inquiry. (2) A court of inquiry consists of three or more commissioned officers. For each cour…

39A-5-301. Military punishments -- Limits of punishment -- Cruel and unusual punishments -- Use of irons. (1) Punishment directed by a military court for an offense may not exceed limits prescribed under Subsectionor lesser limits prescribed by the governor for the offense. (2) (…

39A-5-302. Nonjudicial punishment. (1) The governor and the adjutant general of Utah may prescribe regulations governing the administration of nonjudicial punishment. The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar…

39A-5-303. Fines. (1) Fines imposed by a military court may be paid to the military court or to an officer executing process for the court. The amount of the fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or t…

39A-5-304. Forfeiture of pay as sentence. (1) When a lawful and approved sentence of a court includes a forfeiture of pay or allowances in addition to confinement that is not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date th…