Sec. 27-179. Censure of court or member, coercion prohibited. (a) No authority
convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand, or admonish the
court or any member, military judge, or counsel thereof, with respect to the findings or
sentence adjudged by the court, or with respect to any other exercise of its or his functions
in the conduct of the proceeding. No person subject to this code shall attempt to coerce
or, by any unauthorized means, influence the action of the court-martial or any other
military tribunal or any member thereof, in reaching the findings or sentence in any
case, or the action of any convening, approving, or reviewing authority with respect to
his judicial acts. The foregoing provisions of this subsection shall not apply with respect
to (1) general instructional or informational courses in military justice if such courses
are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) statements and instructions given
in open court by the military judge, president of a special court-martial, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report or any other
report or document used in whole or in part for the purpose of determining whether a
member of the state military forces is qualified to be advanced in grade, or in determining
the assignment or transfer of a member of the state military forces, or in determining
whether a member of the state military forces should be retained on duty, no person
subject to this chapter may, in preparing any such report (1) consider or evaluate the
performance of duty of any such member of a court-martial; or (2) give a less favorable
rating or evaluation of any member of the state military forces because of the zeal with
which such member as defense counsel represented any accused before a court-martial.
(c) Any person who violates this section shall be punished as a court-martial directs.
(1967, P.A. 717, S. 39; P.A. 77-295, S. 11; P.A. 89-221, S. 9.)
History: P.A. 77-295 substituted "military judge" for "law officer"; P.A. 89-221 added provision exempting from
prohibitions of Subsec. (a) certain general instructional or informational courses in military justice and statements and
instructions given in open court, added Subsec. (b) re the prohibition when preparing certain reports on considering or
evaluating the performance of duty of a member of a court-martial or giving a less favorable rating or evaluation because
of the zeal in representing an accused, and designated the last sentence of Subsec. (a) as Subsec. (c).
Sec. 27-180. Prosecution. Trial counsel. Defense counsel. Assistant counsel. (a)
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.
(b) The accused has the right to be represented in his defense before a general or
special court-martial by civilian counsel if provided by him, or by military counsel of
his own selection if reasonably available, or by the defense counsel detailed under section 27-168. Should the accused have counsel of his own selection, the defense counsel,
and assistant defense counsel, if any, who were detailed, shall, if the accused so desires,
act as his associate counsel; otherwise they shall be excused at the request of the accused.
(c) In every court-martial proceeding, the defense counsel may, in the event of
conviction, forward for attachment to the record of proceedings a brief of such matters
as he feels should be considered in behalf of the accused on review, including any
objection to the contents of the record which he considers appropriate.
(d) An assistant trial counsel of a general court-martial may, under the direction of
the trial counsel or when he is qualified to be a trial counsel as required by section 27-168, perform any duty imposed by law, regulation, or the custom of the service upon
the trial counsel of the court. An assistant trial counsel of a special court-martial may
perform any duty of the trial counsel.
(e) An assistant defense counsel of a general or special court-martial may, under
the direction of the defense counsel or when he is qualified to be the defense counsel
as required by section 27-168, perform any duty imposed by law, regulation, or the
custom of the service upon counsel for the accused.
(1967, P.A. 717, S. 40; P.A. 89-221, S. 10.)
History: P.A. 89-221 amended Subsec. (b) to provide that detailed defense counsel and assistant defense counsel shall
be excused "at the request of the accused" rather than "by the president of the court".
Sec. 27-181. Sessions. (a) 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 call the court into session without the presence of the members for
the purpose of (1) hearing and determining motions raising defenses or objections which
are capable of determination without trial of the issues raised by a plea of not guilty,
(2) hearing and ruling upon any matter which may be ruled upon by the military judge
under this section, whether or not the matter is appropriate for later consideration or
decision by the members of the court, (3) holding the arraignment and receiving the
pleas of the accused, and (4) performing any other procedural function which may be
performed by the military judge under this section, subsection (b) of section 27-155,
subsection (a) of section 27-184, subsection (a) of section 27-196 and sections 27-141,
27-167, 27-170, 27-179, 27-181, 27-182, 27-183 and 27-193 and which does not require
the presence of the members of the court. Such proceedings shall be conducted in the
presence of the accused, the defense counsel and the trial counsel and shall be made a
part of the record.
(b) When the members of a court-martial deliberate or vote, only the members may
be present. All other proceedings, including any other consultation of the court with
counsel or the military judge, shall be made a part of the record and shall be in the
presence of the accused, the defense counsel, the trial counsel and, in cases in which a
military judge has been appointed to the court, the military judge.
(1967, P.A. 717, S. 41; P.A. 77-295, S. 7; P.A. 89-221, S. 11.)
History: P.A. 77-295 substituted "military judge" for "law officer" where appearing; P.A. 89-221 inserted a new Subsec.
(a) specifying when and the purposes for which the military judge may call the court into session without the presence of
the members and the conduct of such proceedings, formerly Subsec. (b) of Sec. 27-187, and revised former provisions of
section and made them identical to former Subsec. (c) of Sec. 27-187 by deleting a provision which authorized the court
to request the military judge and the reporter to appear before the court to put the findings in proper form and required
those proceedings to be on the record, by replacing "Whenever a general or special court-martial deliberates or votes" with
"When the members of a court-martial deliberate or vote", by requiring all other proceedings to be in the presence of the
military judge "in cases in which a military judge has been appointed to the court" rather than "in general court-martial
cases", and by designating such revised former provisions as Subsec. (b).
See Sec. 27-193 re secret ballot voting by members of court-martial and re powers and duties of military judge.
Sec. 27-182. Continuance. A military judge or a court-martial may, for reasonable
cause, grant a continuance to any party for such time, and as often, as may appear to
be just.
(1967, P.A. 717, S. 42; P.A. 77-295, S. 4.)
History: P.A. 77-295 added "A military judge or a" before "court-martial".
Sec. 27-183. Challenges. (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 if none, the court, shall determine the relevancy and
validity of challenges for cause, and shall not receive a challenge to more than one
person at a time. Challenges by the trial counsel shall ordinarily be presented and decided
before those by the accused are offered.
(b) Each accused and the trial counsel is entitled to one peremptory challenge, but
the military judge shall not be challenged except for cause.
(1967, P.A. 717, S. 43; P.A. 77-295, S. 5.)
History: P.A. 77-295 provided for challenges of the military judge and members of a general or special court-martial,
further provided for the military judge or, if none, the court to make the determinations on challenges and substituted
"military judge" for "law officer".
Sec. 27-184. Oaths. (a) 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 faithfully. The form of the oath shall be as set forth
in section 1-25. The Adjutant General shall adopt regulations in accordance with the
provisions of chapter 54 prescribing the time and place of the taking of the oath, the
manner of recording the same, and whether the oath shall be taken for all cases in which
those duties are to be performed or for a particular case. These regulations may provide
that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial
counsel, defense counsel, or assistant or associate defense counsel may be taken at any
time by any judge advocate or other person certified to be qualified or competent for
the duty, and if such an oath is taken it need not be taken again at the time the judge
advocate, or other person is detailed to that duty.
(b) Each witness before a military court shall be examined on oath or affirmation.
(1967, P.A. 717, S. 44; P.A. 77-295, S. 6; P.A. 89-221, S. 12.)
History: P.A. 77-295 substituted in Subsec. (a) "military judge" for "law officer"; P.A. 89-221 amended Subsec. (a)
to delete reference to an "affirmation" and requirement that the oath be taken "in the presence of the accused" and to add
provisions requiring the specified personnel to take an oath "before performing their respective duties", requiring an
associate defense counsel to take an oath, specifying the form of the oath, requiring the adjutant general to adopt regulations
and authorizing the regulations to contain a provision that once an oath is taken by certain personnel it need not be taken
again.
Sec. 27-185. Statute of limitations. (a) 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.
(b) Except as otherwise provided in this section, a person charged with desertion
in time of peace or with the offense punishable under section 27-256 is not liable to be
tried by court-martial if the offense was committed more than three years before the
receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(c) 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 section 27-154 if the offense
was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or
before the imposition of punishment under said section.
(d) Periods in which the accused was absent from territory in which the state has
the authority to apprehend him, or in the custody of civil authorities, or in the hands of
the enemy, shall be excluded in computing the period of limitation prescribed in this
section.
(1967, P.A. 717, S. 45.)
Sec. 27-186. Second trial for same offense prohibited. (a) No person shall, without his consent, be tried a second time in any military court of the state for the same
offense.
(b) 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 until the finding
of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is
dismissed or terminated by the convening authority or on motion of the prosecution for
failure of available evidence or witnesses without any fault of the accused is a trial in
the sense of this section.
(1967, P.A. 717, S. 46.)
Sec. 27-187. Pleading by accused. 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 he has entered the plea of guilty improvidently or through
lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea
of not guilty shall be entered in the record, and the court shall proceed as though he had
pleaded not guilty.
(1967, P.A. 717, S. 47; P.A. 77-295, S. 8; P.A. 89-221, S. 13.)
History: P.A. 77-295 added new Subsecs. (b) and (c) providing for the military judge to hear and dispose of preliminary
matters without the presence of the court but in presence of accused, defense and trial counsel and for deliberations and
vote of court to be with only members present with all other proceedings recorded and in the presence of the counsels,
accused and military judge; P.A. 89-221 deleted Subsecs. (b) and (c) and reenacted them as Subsecs. (a) and (b), respectively,
of Sec. 27-181.
Sec. 27-188. Obtaining of witnesses and evidence. (a) 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.
(b) The military judge, president of a court-martial, if a special court-martial to
which no military judge has been detailed, or a summary court officer may: (1) Issue a
warrant for the arrest of any accused person who, having been served with a warrant
and a copy of the charges, disobeys a written order by the convening authority to appear
before the court; (2) issue subpoenas duces tecum and other subpoenas; (3) enforce by
attachment the attendance of witnesses and the production of books and papers; and (4)
sentence for refusal to be sworn or to answer, as provided in actions before civil courts
of the state.
(c) Process issued in court-martial cases to compel witnesses to appear and testify
and to compel the production of other evidence shall run to any part of the state and
shall be executed by civil officers as prescribed by the laws of the state.
(1967, P.A. 717, S. 48; P.A. 89-221, S. 14.)
History: P.A. 89-221 amended Subsec. (b) to authorize the "military judge" and the president of a court-martial "if a
special court-martial to which no military judge has been detailed" to take the enumerated actions.