Chapter 322, WISCONSIN CODE OF MILITARY JUSTICE
149 sections in this chapter.
Wis. Stat. § 322.0001 Criminal code interaction
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322.0001 Criminal code interaction. (1) Chapters 939, 967 to 973, and 975 to 979 do not apply to proceedings under this chapter. (2) A crime under this code is a crime under s. 939.12. A felony under this code is a felony under s. 939.22 (12). A misdemeanor under this code is a m…
Wis. Stat. § 322.001 Article 1 — Definitions
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322.001 Article 1 — Definitions. In this chapter, unless the context otherwise requires: (1) “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other t…
Wis. Stat. § 322.002 Article 2 — Persons subject to this code; jurisdiction
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322.002 Article 2 — Persons subject to this code; jurisdiction. (1) Except as provided in s. 322.003, this code applies only to members of the state military forces at all times. (2) Subject matter jurisdiction is established if a nexus exists between an offense under this code a…
Wis. Stat. § 322.003 Article 3 — Jurisdiction to try certain personnel
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322.003 Article 3 — Jurisdiction to try certain personnel. (1) Each person discharged from a state military force who is later charged with having fraudulently obtained a discharge is, subject to s. 322.043, subject to trial by court-martial on that charge and is, after apprehens…
Wis. Stat. § 322.005 Article 5 — Territorial applicability of this code
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322.005 Article 5 — Territorial applicability of this code. (1) This code has applicability in all places, provided that either the person subject to this code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offe…
Wis. Stat. § 322.006 Article 6 — Judge advocates
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322.006 Article 6 — Judge advocates. (1) The senior force judge advocate in each of the state’s military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force. (2) Convening au…
Wis. Stat. § 322.007 Article 7 — Apprehension
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322.007 Article 7 — Apprehension. (1) In this section, “apprehend” means to take a person into custody. (2) Any person authorized by this code or by the Uniform Code of Military Justice, or by regulations issued under either, to apprehend persons subject to this code, any marshal…
Wis. Stat. § 322.009 Article 9 — Imposition of restraint
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322.009 Article 9 — Imposition of restraint. (1) In this section: (a) “Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits. (b) “Confinement” means the physical restraint o…
Wis. Stat. § 322.010 Article 10 — Restraint of persons charged with offenses
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322.010 Article 10 — Restraint of persons charged with offenses. Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinemen…
Wis. Stat. § 322.011 Article 11 — Place of confinement; reports and receiving of prisoners
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322.011 Article 11 — Place of confinement; reports and receiving of prisoners. (1) If a person subject to this code is confined before, during, or after trial, he or she shall be in a civilian or military confinement. (2) No sheriff or other person authorized to receive prisoners…
Wis. Stat. § 322.012 Article 12 — Confinement with enemy prisoners prohibited
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322.012 Article 12 — Confinement with enemy prisoners prohibited. No member of a state military force may be placed in confinement in immediate physical association with enemy prisoners or other foreign nationals not members of the armed forces. History: 2007 a. 200.
Wis. Stat. § 322.013 Article 13 — Punishment prohibited before trial
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322.013 Article 13 — Punishment prohibited before trial. No person, while being held for trial or awaiting a verdict, 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 impose…
Wis. Stat. § 322.014 Article 14 — Delivery of offenders to civil authorities
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322.014 Article 14 — Delivery of offenders to civil authorities. (1) A person subject to this code accused of an offense under this code or under the state’s civilian penal statute may be delivered to the civil authority for trial or confinement. (2) When delivery under this sect…
Wis. Stat. § 322.015 Article 15 — Commanding officer’s nonjudicial punishment
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322.015 Article 15 — Commanding officer’s nonjudicial punishment. (1) Under regulations as prescribed, any commanding officer, and for purposes of this section, officers-incharge, may impose disciplinary punishments for minor offenses without the intervention of a court-martial. …
Wis. Stat. § 322.016 Article 16 — Courts-martial classified
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322.016 Article 16 — Courts-martial classified. The 3 kinds of courts-martial in the state military forces are as follows: (1) General courts-martial, consisting of any of the following: (a) A military judge and not less than 5 members. (b) Only a military judge, if before the co…
Wis. Stat. § 322.017 Article 17 — Jurisdiction of courts-martial in general
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322.017 Article 17 — Jurisdiction of courts-martial in general. Each component of the state military forces has courtmartial jurisdiction over all members of the particular component who are subject to this code. Additionally, the state military forces have court-martial jurisdic…
Wis. Stat. § 322.018 Article 18 — Jurisdiction of general courts-martial
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322.018 Article 18 — Jurisdiction of general courtsmartial. Subject to s. 322.017, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under limitations as the governor may prescribe, adjudge any puni…
Wis. Stat. § 322.019 Article 19 — Jurisdiction of special courts-martial
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322.019 Article 19 — Jurisdiction of special courtsmartial. Subject to s. 322.017, special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under limitations as the governor may prescribe, adjudge any puni…
Wis. Stat. § 322.020 Article 20 — Jurisdiction of summary courts-martial
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322.020 Article 20 — Jurisdiction of summary courtsmartial. (1) Subject to s. 322.017, summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under limitations…
Wis. Stat. § 322.022 Article 22 — Who may convene general courts-martial
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322.022 Article 22 — Who may convene general courts-martial. (1) General courts-martial may be convened by any of the following: (a) The governor. (b) The adjutant general. (c) The commanding general officer of any force of the state military forces. (d) The commanding officer of…
Wis. Stat. § 322.023 Article 23 — Who may convene special courts-martial
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322.023 Article 23 — Who may convene special courts-martial. (1) Special courts-martial may be convened by any of the following: (a) Any person who may convene a general court-martial. (b) The commanding officer of a garrison, fort, post, camp, station, air national guard base, o…
Wis. Stat. § 322.024 Article 24 — Who may convene summary courts-martial
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322.024 Article 24 — Who may convene summary courts-martial. (1) Summary courts-martial may be convened by any of the following: (a) Any person who may convene a general or special courtmartial. (b) The commanding officer of a detached company or other detachment, or correspondin…
Wis. Stat. § 322.025 Article 25 — Who may serve as a member on courts-martial
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322.025 Article 25 — Who may serve as a member on courts-martial. (1) Any commissioned officer of the state military forces is eligible to serve on all courts-martial for the trial of any person subject to this code. (2) Any warrant officer of the state military forces is eligibl…
Wis. Stat. § 322.026 Article 26 — Military judge of a general or special court-martial
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322.026 Article 26 — Military judge of a general or special court-martial. (1) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.…
Wis. Stat. § 322.027 Article 27 — Detail of trial counsel and defense counsel
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322.027 Article 27 — Detail of trial counsel and defense counsel. (1) For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and assistants as are appropriate. (2) No person who has acted as investigating officer,…
Wis. Stat. § 322.028 Article 28 — Detail or employment of reporters and interpreters
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322.028 Article 28 — Detail or employment of reporters and interpreters. Under regulations as may be prescribed, the convening authority of a general or special courtmartial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of …
Wis. Stat. § 322.029 Article 29 — Absent and additional members
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322.029 Article 29 — Absent and additional members. (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 d…
Wis. Stat. § 322.030 Article 30 — Charges and specifications
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322.030 Article 30 — Charges and specifications. (1) Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by s. 322.136 (1) to administer oaths and shall state all of the following: (a) That the signer has…
Wis. Stat. § 322.031 Article 31 — Compulsory self-incrimination prohibited
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322.031 Article 31 — Compulsory self-incrimination prohibited. (1) No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her. (2) No person subject to this code may inter…
Wis. Stat. § 322.032 Article 32 — Investigation
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322.032 Article 32 — Investigation. (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 has been made. This investigation shall include inquiry as to the truth of the matter …
Wis. Stat. § 322.033 Article 33 — Forwarding of charges
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322.033 Article 33 — Forwarding of charges. When a person is held for trial by general court-martial, the commanding officer shall within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allie…
Wis. Stat. § 322.034 Article 34 — Advice of judge advocate and reference for trial
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322.034 Article 34 — Advice of judge advocate and reference for trial. (1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specifica…
Wis. Stat. § 322.035 Article 35 — Service of charges
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322.035 Article 35 — Service of charges. The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No person may, against the person’s objection, be brought to trial before a general court-martial case within a period of 5 days after the service …
Wis. Stat. § 322.036 Article 36 — Pretrial, trial, and post-trial procedures
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322.036 Article 36 — Pretrial, trial, and post-trial procedures. Pretrial, trial, and post-trial procedures not specified in this code, including modes of proof, for courts-martial cases arising under this code and for courts of inquiry shall be prescribed by the adjutant general…
Wis. Stat. § 322.037 Article 37 — Unlawfully influencing action of court
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322.037 Article 37 — Unlawfully influencing action of court. (1) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the commanding officer’s staff, may censure, reprimand, or admonish the court or any membe…
Wis. Stat. § 322.038 Article 38 — Duties of trial counsel and defense counsel
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322.038 Article 38 — Duties of trial counsel and defense counsel. (1) The trial counsel of a general or special court-martial shall be an attorney licensed to practice in this state and shall prosecute in the name of the state, and shall, under the direction of the court, prepare…
Wis. Stat. § 322.039 Article 39 — Sessions
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322.039 Article 39 — Sessions. (1) At any time after the service of charges which have been referred for trial to a courtmartial composed of a military judge and members, the military judge may, subject to s. 322.035, call the court into session without the presence of the member…
Wis. Stat. § 322.040 Article 40 — Continuances
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322.040 Article 40 — Continuances. The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. History: 2007 a. 200; 2009 a. 179.
Wis. Stat. § 322.041 Article 41 — Challenges
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322.041 Article 41 — Challenges. (1) (a) 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 the court shall determine the relevancy and validity of challen…
Wis. Stat. § 322.042 Article 42 — Oaths or affirmations
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322.042 Article 42 — Oaths or affirmations. (1) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to …
Wis. Stat. § 322.043 Article 43 — Statute of limitations
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322.043 Article 43 — Statute of limitations. (1) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under s. 322.015 if the offense was committed more than 3 years before the receipt of sworn char…
Wis. Stat. § 322.044 Article 44 — Former jeopardy
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322.044 Article 44 — Former jeopardy. (1) No person may, without his or her consent, be tried a 2nd time 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 under this section until the f…
Wis. Stat. § 322.045 Article 45 — Pleas of the accused
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322.045 Article 45 — Pleas of the accused. (1) If an accused after arraignment 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 under…
Wis. Stat. § 322.046 Article 46 — Opportunity to obtain witnesses and other evidence
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322.046 Article 46 — Opportunity to obtain witnesses and other evidence. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-mar…
Wis. Stat. § 322.047 Article 47 — Refusal to appear or testify
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322.047 Article 47 — Refusal to appear or testify. (1) Any person not subject to this code may be punished by the military court in the same manner as a court of the state, if all of the following apply: (a) The person has been duly subpoenaed to appear as a witness or to produce…
Wis. Stat. § 322.048 Article 48 — Contempt
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322.048 Article 48 — Contempt. A military judge 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. A person subject to this code may be punished for contempt by confinement not …
Wis. Stat. § 322.049 Article 49 — Depositions
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322.049 Article 49 — Depositions. (1) At any time after charges have been signed as provided in s. 322.030, any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority …
Wis. Stat. § 322.050 Article 50 — Admissibility of records of courts of inquiry
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322.050 Article 50 — Admissibility of records of courts of inquiry. (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 can…
Wis. Stat. § 322.0505 Article 50a — Defense of mental disease or defect
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322.0505 Article 50a — Defense of mental disease or defect. 322.0505(1)(1) The accused has an affirmative defense of mental disease or defect in a trial by court-martial if, at the time of the commission of the acts constituting the offense, the accused, as a result of a mental d…
Wis. Stat. § 322.051 Article 51 — Voting and rulings
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322.051 Article 51 — Voting and rulings. (1) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall…