Title 38 — Title 38 MILITIA AND MILITARY AFFAIRS
18 chapters · 333 sections in this title.
RCW 38.24.020 Audit and payment of awards.
0.3K chars
All compensation shall be payable in monthly installments and shall be audited and paid as any other claim against the military department and shall be payable from the general fund out of any moneys not otherwise appropriated.[ 1943 c 130 s 41; Rem. Supp. 1943 s 8603-41. Prior: …
RCW 38.24.050 Pay of officers and enlisted personnel—Wildland fire response pay.
2.9K chars
(1) Commissioned officers, warrant officers, and enlisted personnel of the organized militia of Washington, while in active state service or inactive duty, are entitled to and shall receive the same amount of pay and allowances from the state of Washington as provided by federal …
RCW 38.24.060 Employment and reemployment rights upon return from militia duty.
0.3K chars
All members of the organized militia of Washington who are called to active state service or inactive duty shall, upon return from such duty, have those rights accorded under RCW 73.16.031, 73.16.035, 73.16.041, 73.16.051, and 73.16.061.[ 1989 c 19 s 38; 1984 c 198 s 4; 1974 ex.s…
RCW 38.24.070 Washington national guard member referral incentive program.
1.9K chars
(1) There is created the Washington national guard member referral incentive program. The purpose of the program is to incentivize and maximize peer-to-peer recruiting that results in a completed accession to the Washington national guard by providing a referral bonus to Washingt…
RCW 38.32.010 Nonmilitary offenses by members on-duty status.
0.4K chars
Any member of the organized militia committing nonmilitary offenses under chapter 38.38 RCW while on-duty status or within state armories shall be promptly arrested by the military authorities and turned over to the civil authorities of the county or city in which the offense was…
RCW 38.32.020 Military offenses.
1.1K chars
(1) Military offenses under chapter 38.38 RCW committed by members of the organized militia may be tried and punished as provided under chapter 38.38 RCW.(2) Primary jurisdiction over military offenses enumerated in chapter 38.38 RCW is with military authorities. Primary jurisdic…
RCW 38.32.030 Exemptions while on duty.
0.9K chars
No person belonging to the military forces of this state shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from any place at which he or she may be required to attend military duty. Any members of the organized militia para…
RCW 38.32.070 Member removed from state, request for discharge.
0.3K chars
If any member is known to have removed from the state, and, through ignorance or neglect, has failed to apply for discharge, the discharge may be requested by his or her immediate commanding officer.[ 1989 c 19 s 41; 1963 c 220 s 136; 1943 c 130 s 84; Rem. Supp. 1943 s 8603-84. C…
RCW 38.32.080 Penalty for failure to obey call.
0.8K chars
Any member of the militia who shall have been ordered out for either state or federal service and who shall refuse or wilfully or negligently fail to report at the time and place and to the officer designated in the order or to the representative or successor of such officer, sha…
RCW 38.32.090 Penalty for physician making false certificate.
0.5K chars
Any physician who shall knowingly make and deliver a false certificate of physical disability concerning any member of the militia who shall have been ordered out or summoned for active service is guilty of perjury under chapter 9A.72 RCW and, upon conviction, as an additional pe…
RCW 38.32.100 Buying and receiving military property.
0.4K chars
Any person who shall purchase or receive in pawn or pledge any military property of the state or of the United States shall be guilty of a gross misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned for not more than six months …
RCW 38.32.120 Authority of commanding officer.
1.7K chars
(1) The commanding officer at any drill, parade, encampment or other duty may place in arrest for the time of such drill, parade, encampment or other duty any person or persons who shall trespass on the camp grounds, parade grounds, rifle range or armory, or in any way or manner …
RCW 38.32.140 Sentence to confinement.
0.3K chars
All military courts of the organized militia of Washington shall have power to sentence to confinement in lieu of fines authorized to be imposed: PROVIDED, That such sentence of confinement shall not exceed one day for each dollar of fine authorized.[ 1943 c 130 s 61; 1917 c 107 …
RCW 38.36.120 Fees and mileage.
0.6K chars
Fees and mileage allowed for the service of process and for civilian witnesses shall be the same as in civil actions. All expenditures necessary to carry the provisions of chapter 130, Laws of 1943, into effect are hereby authorized to be incurred, and paid out of the appropriati…
RCW 38.38.004 Definitions—Construction.
2.8K chars
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.
0.2K chars
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.
0.6K chars
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.
2.1K chars
(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.
0.7K chars
(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.
1.6K chars
(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.
0.7K chars
(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.
0.6K chars
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.
1.3K chars
(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.
0.6K chars
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.
0.3K chars
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.
0.9K chars
(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.
0.5K chars
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.
0.7K chars
(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.
7.3K chars
(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.
1.1K chars
(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.
0.3K chars
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.
0.5K chars
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.
1.0K chars
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.
1.0K chars
(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.
0.2K chars
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.
0.2K chars
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.
0.2K chars
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.
0.2K chars
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.
0.7K chars
(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.
0.9K chars
(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.
2.8K chars
(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.
2.2K chars
(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.
0.2K chars
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.
2.3K chars
(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.
0.4K chars
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.
2.1K chars
(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.
0.7K chars
(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.
1.1K chars
(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.
2.6K chars
(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.
0.4K chars
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…