26-1037
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26-1037. Unlawfully influencing action of court A. An authority convening a general, special or summary court-martial, or any other commanding officer, shall not censure, reprimand or admonish the court or any member, military judge or counsel, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. A person subject to this chapter shall not attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member of a tribunal in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to judicial acts. This subsection does not apply to 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 to 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 national guard is qualified to be advanced in grade, in determining the assignment or transfer of a member of the national guard or in determining whether a member of the national guard should be retained, a person subject to this chapter, in preparing any such report, shall not consider or evaluate the performance of duty of any such member of a court-martial or give a less favorable rating or evaluation of any member of the national guard because of the zeal with which such member, as counsel, represented any accused before a court-martial. |