Section 31-2-96 Courts-martial for members of National Guard - Powers of presidents and summary court officers.
Section 31-2-96
Courts-martial for members of National Guard - Powers of presidents and summary court officers.
In the National Guard not in the service of the United States, presidents of courts-martial and summary court officers shall have the power to issue warrants to arrest accused persons and to bring them before the court for trial whenever such persons shall have disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, to issue subpoenas and subpoenas duces tecum, to enforce by attachment attendance of witnesses and the production of books and papers and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. They shall also have power to punish for contempt occurring in the presence of the court, punishment not to exceed five days' imprisonment and a fine of not more than $50.00 for a general court-martial; not to exceed three days' imprisonment and a fine of not more than $50.00 for a special court-martial; and not to exceed one day's imprisonment and a fine of not more than $50.00 for a summary court-martial. All sentences to confinement imposed by any military court of this state shall be executed in the county jail of the county in which the court is sitting.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §126; Acts 1973, No. 1038, p. 1572, §97.)