Title 38 — Title 38 MILITIA AND MILITARY AFFAIRS
18 chapters · 333 sections in this title.
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 …
RCW 38.38.416 Contempts.
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A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.[ 1963 c …
RCW 38.38.420 Depositions.
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(1) At any time after charges have been signed, as provided in RCW 38.38.308, any party may take oral or written depositions unless a military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a …
RCW 38.38.424 Admissibility of records of courts of inquiry.
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(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evi…
RCW 38.38.428 Voting, rulings, instructions.
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(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The co…
RCW 38.38.432 Number of votes required.
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(1) No person may be convicted of an offense, except as provided in RCW 38.38.404(2) or by the concurrence of two-thirds of the members present at the time the vote is taken.(2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time …
RCW 38.38.436 Court to announce action.
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A court-martial shall announce its findings and sentence to the parties as soon as determined.[ 1963 c 220 s 55.]
RCW 38.38.440 Record of trial.
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(1) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability,…
RCW 38.38.480 Cruel and unusual punishments prohibited.
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Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custo…
RCW 38.38.484 Maximum limits—Reduction in pay grade.
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(1) The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.(2) Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by …
RCW 38.38.488 Effective date of sentences.
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(1) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under RCW 38.38.536.(2) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is ordered to …
RCW 38.38.492 Execution of confinement.
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(1) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of …
RCW 38.38.532 Execution of sentence—Suspension of sentence.
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Except as provided in RCW 38.38.196 and 38.38.556, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence…
RCW 38.38.536 Initial action on the record.
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After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the governor.…
RCW 38.38.540 Initial action on the record—General court-martial records.
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The convening authority shall refer the record of each general court-martial to the staff judge advocate, who shall submit a written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the op…
RCW 38.38.544 Reconsideration and revision.
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(1) If a specification before a court-martial 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 reconsideration of the ruling and any further appropriate action.(2) Where there is…
RCW 38.38.548 Rehearings.
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(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he or she shall state the reasons for disapproval. If …
RCW 38.38.552 Approval by the convening authority.
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In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines sh…
RCW 38.38.556 Review of records—Disposition.
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(1) If the convening authority is the governor, the governor's action on the review of any record of trial is final.(2) In all other cases not covered by subsection (1) of this section, if the sentence of a special court-martial as approved by the convening authority includes a d…
RCW 38.38.560 Error of law—Lesser included offense.
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(1) A finding or sentence of a court-martial 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) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or …
RCW 38.38.564 Review counsel.
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(1) Upon the final review of a sentence of a general court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.(2) Upon the request of an accused entitled to be so rep…
RCW 38.38.568 Vacation of suspension.
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(1) Before the vacation of the suspension of a special court-martial sentence, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be…
RCW 38.38.572 Petition for a new trial.
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At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal or dishonorable discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.[ 19…
RCW 38.38.576 Remission and suspension.
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(1) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.(2) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance…
RCW 38.38.580 Restoration.
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(1) Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehe…
RCW 38.38.584 Finality of proceedings, findings and sentences.
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The proceedings, findings and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclusi…
RCW 38.38.624 Persons to be tried or punished.
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No person may be tried or punished for any offense provided for in RCW 38.38.628 through 38.38.800, unless he or she was a member of the organized militia at the time of the offense.[ 2009 c 378 s 22; 1963 c 220 s 75.]
RCW 38.38.628 Principals.
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Any person subject to this code who:(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or(2) Causes an act to be done which if directly performed by him or her would be punishable by this code;is a principal.[ 2011 c 33…
RCW 38.38.632 Accessory after the fact.
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Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.[ 2011 …
RCW 38.38.636 Conviction of lesser included offense.
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An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.[ 1963 c 220 s 78.]
RCW 38.38.640 Attempts.
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(1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.(2) Any person subject to this code who attempts to commit any offen…
RCW 38.38.644 Conspiracy.
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Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.[ 1963 c 220 s 80.]
RCW 38.38.648 Solicitation.
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(1) Any person subject to this code who solicits or advises another or others to desert in violation of RCW 38.38.660 or mutiny in violation of RCW 38.38.696 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the com…
RCW 38.38.652 Fraudulent enlistment, appointment, or separation.
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Any person who:(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to qualifications for that enlistment or appointment and receives pay or allowances thereunder; or(2) Procures his or her o…
RCW 38.38.656 Unlawful enlistment, appointment, or separation.
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Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order s…
RCW 38.38.660 Desertion.
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(1) Any member of the organized militia who:(a) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away therefrom permanently;(b) Quits the member's unit, organization or place of duty with intent to avoid hazardo…
RCW 38.38.664 Absence without leave.
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Any person subject to this code who, without authority:(1) Fails to go to his or her appointed place of duty at the time prescribed;(2) Goes from that place; or(3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she…