Title 38 — Title 38 MILITIA AND MILITARY AFFAIRS
18 chapters · 333 sections in this title.
RCW 38.38.004 Definitions—Construction.
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In this chapter, unless the context otherwise requires:(1) "A month's pay" or fraction thereof shall be calculated based upon a member's basic pay entitlement as if the member were serving for a thirty-day period.(2) "Accuser" means a person who signs and swears to charges, any p…
RCW 38.38.008 Persons subject to this code.
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This code applies to all members of the organized militia who are not in federal service pursuant to Title 10 U.S.C.[ 2009 c 378 s 4; 1989 c 48 s 2; 1963 c 220 s 2.]
RCW 38.38.012 Jurisdiction to try certain personnel.
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No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.[ 1989 c 48 s 3; 1989 c 11 s 9; 1963 c 220 s 3.]Notes:Reviser's note: This section was amended by 198…
RCW 38.38.016 Dismissal of commissioned officer.
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(1) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that he or she has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try…
RCW 38.38.020 Territorial applicability of the code.
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(1) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they …
RCW 38.38.024 Judge advocates and legal officers.
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(1) The governor, on the recommendation of the adjutant general, shall appoint a judge advocate officer of the army or air national guard as state judge advocate. To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must hav…
RCW 38.38.064 Apprehension.
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(1) Apprehension is the taking of a person into custody.(2) Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer au…
RCW 38.38.068 Apprehension of deserters.
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Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state of Washington organized militia and deliver the offen…
RCW 38.38.072 Imposition of restraint.
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(1) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person.(2) An enlisted member may be ordered into arrest or confinement by a…
RCW 38.38.076 Restraint of persons charged with offenses.
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Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confin…
RCW 38.38.080 Confinement in jails.
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Persons confined other than in a guard house, whether before, during, or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the governor or the adjutant general.[ 2009 c 378 s 7; 1989 c 48 s 11; 1963 c 220 s 11.]
RCW 38.38.084 Reports and receiving of prisoners.
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(1) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under RCW 38.38.080, may refuse to receive or keep any prisoner committed to his or her charge, when the committ…
RCW 38.38.088 Punishment prohibited before trial.
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Subject to RCW 38.38.488, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any more …
RCW 38.38.092 Delivery of offenders to civil authorities.
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(1) Under such regulations as may be prescribed by the adjutant general, a person subject to this code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.(2) When delivery under this section is made to any civil a…
RCW 38.38.132 Commanding officer's nonjudicial punishment—Suspension—Appeal.
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(1) Under such regulations as the governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exer…
RCW 38.38.172 Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.
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(1) In the organized militia not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and pr…
RCW 38.38.176 Jurisdiction of courts-martial in general.
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Each force of the organized militia has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the governor.[ 1989 c 48 s 17; 1963 c 220 s 17…
RCW 38.38.180 Jurisdiction of general courts-martial.
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Subject to RCW 38.38.176, 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 of the following punishments:(1) A fine of not more than …
RCW 38.38.184 Jurisdiction of special courts-martial—Dishonorable discharge.
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Subject to RCW 38.38.176, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may be punished under this code. A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed …
RCW 38.38.188 Jurisdiction of summary courts-martial.
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(1) Subject to RCW 38.38.176, summary courts-martial have jurisdiction to try persons subject to this code, except officers for any offense made punishable by this code.(2) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a su…
RCW 38.38.192 Sentences of dismissal or dishonorable discharge to be approved by the governor.
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In the organized militia not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.[ 1963 c 220 s 21.]
RCW 38.38.196 Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
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A dishonorable discharge or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.[ 1989 c 48 s 20; 1963 c 220 s 22.]
RCW 38.38.200 Confinement instead of fine.
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In the organized militia not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine.[ 1989 c 48 s 21; 1963 c 220 s 23.]
RCW 38.38.240 Who may convene general courts-martial.
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In the organized militia not in federal service pursuant to Title 10 U.S.C., general courts-martial may be convened by the president or by the governor, or by the adjutant general.[ 2009 c 378 s 12; 1989 c 48 s 22; 1963 c 220 s 24.]
RCW 38.38.244 Special courts-martial of organized militia not in federal service—Who may convene.
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(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, r…
RCW 38.38.248 Summary courts-martial of organized militia not in federal service—Who may convene.
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(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a special court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, …
RCW 38.38.252 Who may serve on courts-martial.
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(1) Any commissioned officer of or on duty with the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.(2) Any warrant officer of or on duty with the organized militia is eligible to se…
RCW 38.38.256 Military judge of a general or special court-martial.
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(1) A military judge shall be detailed to each general court-martial. Subject to regulations of the governor, a military judge may be detailed to any special court-martial. The governor shall prescribe regulations providing for the manner in which military judges are detailed for…
RCW 38.38.258 Military judges—Qualifications.
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A military judge must be a judge advocate. The adjutant general shall prescribe procedures for certifying, appointing, detailing, and removing military judges.[ 2009 c 378 s 6.]
RCW 38.38.260 Detail of trial counsel and defense counsel.
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(1)(a) 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-martial. The governor shall prescribe regulations providin…
RCW 38.38.264 Detail or employment of reporters and interpreters.
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Under such regulations as the governor may prescribe, 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 before that court. Under like regulati…
RCW 38.38.268 Absent and additional members.
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(1) 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 o…
RCW 38.38.308 Charges and specifications.
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(1) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:(a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and(b) That th…
RCW 38.38.312 Compulsory self-incrimination prohibited.
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(1) No person subject to this code may compel a person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate himself or herself.(2) No person subject to this code may interrogate, or request any statement from, an accused or a per…
RCW 38.38.316 Investigation.
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(1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, co…
RCW 38.38.320 Forwarding of charges.
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When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the governor. If that is no…
RCW 38.38.324 Advice of state judge advocate and reference for trial.
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(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found t…
RCW 38.38.328 Service of charges.
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The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his or her objection, be brought to trial or be required to participate by…
RCW 38.38.368 Governor may prescribe rules.
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The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as the governor considers practicable, apply the principles of law and the rules of evidence generally recog…
RCW 38.38.372 Unlawfully influencing action of court.
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(1) No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sent…
RCW 38.38.376 Duties of trial counsel and defense counsel.
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(1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.(2) The accused has the right to be represented in his or her defense before a general or speci…
RCW 38.38.380 Sessions.
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(1) 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 RCW 38.38.328, call the court into session without the presence of the members for the purpose of:(a) He…
RCW 38.38.384 Continuances.
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The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.[ 1989 c 48 s 39; 1963 c 220 s 42.]
RCW 38.38.388 Challenges.
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(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 or, if none, the court shall determine the relevance and validity of challenges for cause and may not r…
RCW 38.38.392 Oaths.
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(1) 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 perform their duties f…
RCW 38.38.396 Statute of limitations.
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(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.(2) Except as otherwise provided in this section, a person charged with desertion in time of peace or with…
RCW 38.38.400 Former jeopardy.
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(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense.(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section …
RCW 38.38.404 Pleas of the accused.
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(1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and …
RCW 38.38.408 Opportunity to obtain witnesses and other evidence.
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(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.(2) The president of a special court-martial, military judge, military magistrat…
RCW 38.38.412 Refusal to appear or testify—Penalty.
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(1) Any person not subject to this code who:(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated …