Sec. 27-261. Court of inquiry.
Sec. 27-261. Court of inquiry. (a) Courts of inquiry to investigate any matter may
be convened by the Governor or by any other person designated by the Governor for
that purpose, whether or not the persons involved have requested such an inquiry.
(b) A court of inquiry shall consist of three or more commissioned officers. For
each court of inquiry the convening authority shall also appoint counsel for the court.
(c) Any person subject to this code whose conduct is subject to inquiry shall be
designated as a party. Any person subject to this code or employed in the division of
military and naval affairs, who has a direct interest in the subject of inquiry has the right
to be designated as a party upon request to the court. Any person designated as a party
shall be given due notice and has the right to be present, to be represented by counsel,
to cross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but only for cause
stated to the court.
(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall
take an oath or affirmation to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts
of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or
make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be
authenticated by the signatures of the president and counsel for the court and forwarded
to the convening authority. If the record cannot be authenticated by the president, it
shall be signed by a member in lieu of the president. If the record cannot be authenticated
by the counsel for the court, it shall be signed by a member in lieu of the counsel.
(1967, P.A. 717, S. 121.)