CHAPTER 9. COURT-MARTIAL PROCEDURES
IC 10-16-9
Chapter 9. Court-Martial Procedures
IC 10-16-9-1
Uniform code of military justice; trial by civil authorities; killing
and injuring during riots; governor's duties
Sec. 1. (a) Except as otherwise provided, if the Indiana national
guard is in active service on behalf of the state:
(1) in case of:
(A) public disaster;
(B) riot;
(C) tumult;
(D) breach of the peace; or
(E) resistance of process;
(2) whenever called upon in aid of civil authorities;
(3) under martial law;
(4) at encampments or any scheduled training periods or drills
for which a member is entitled to pay, within or outside Indiana;
or
(5) upon any other duty requiring the entire time of the Indiana
national guard, or any part of the Indiana national guard;
the uniform code of military justice governing the armed forces of
the United States with any subsequent change approved by the
adjutant general as applicable to Indiana military law is in force and
regarded as a part of this article for the Indiana national guard until
the Indiana national guard is relieved from duty.
(b) Confinement in a penitentiary under this article must be in a
penitentiary in Indiana. An offense committed by the member of the
national guard while in active service may be tried and punished by
a court-martial lawfully appointed.
(c) Except as provided in subsections (d) and (e), if the accused
member of the Indiana national guard is found guilty, the convicted
member shall be punished according to the uniform code of military
justice and the rules and regulations governing the United States
armed forces but within the limits prescribed by federal law for
court-martial in the national guard.
(d) If the offense charged is also an offense by the civil law of
Indiana, the officer whose duty it is to approve the charge may order
the person charged to be turned over to the civil authorities for trial.
(e) Punishment under the rules and articles of the uniform code of
military justice that extend to the taking of life may not be inflicted,
except in time of actual war, invasion, or insurrection, declared by
proclamation of the governor to exist, or to be threatened or
anticipated.
(f) If a:
(1) person resisting the laws of the state or unlawfully or
riotously assembled for that purpose; or
(2) bystander or other person in the vicinity;
is killed or injured by state forces called into active service under this
article and acting in obedience to the orders of its commanding
officer, the officer or member of the Indiana national guard is not
subject to indictment, trial, or any civil process other than by a
court-martial, to be convened for that purpose by the governor.
(g) The finding of the court-martial, when submitted to and
approved by the governor, in accordance with the uniform code of
military justice, is final and conclusive on all persons.
(h) If an indictment is found or information filed against the
person, a writ or other process may not be issued by the clerk of the
court where the indictment was returned or information filed against
the defendant. The clerk shall immediately transmit to the governor
a certified copy, and, upon the receipt of the certified copy, the
governor shall cause to be convened a court-martial to determine the
truth of the charges and the punishment, if any, to be inflicted.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-2
Military courts
Sec. 2. (a) The military courts of Indiana shall be organized as
follows:
(1) General court-martial.
(2) Special court-martial.
(3) Summary court-martial.
(b) The courts shall be constituted, have cognizance of the same
subject, and possess like powers, except as to punishments, as similar
courts provided for by the laws and regulations governing the armed
forces of the United States. The proceedings of the courts-martial
must follow the forms and modes of procedure prescribed for the
courts governing the armed forces of the United States and as
approved by the adjutant general.
(c) A general court-martial may be convened by orders of the
governor and may try a person subject to military law. The general
court-martial may impose fines of not more than two hundred dollars
($200) and sentence a person to:
(1) a forfeit of pay and allowances;
(2) a reprimand;
(3) dismissal or dishonorable discharge from the services;
(4) reduction of noncommissioned officers to the ranks; or
(5) any combination of two (2) or more of the punishments
described in subdivisions (1) through (4).
(d) The adjutant general or the commanding officer of each camp
or other place, division, regiment, separate battalion, air squadron,
group, or other detached command may appoint a special
court-martial for that command. However, a special court-martial
may be appointed by superior authority if the superior authority
considers it desirable. The special court-martial:
(1) may try any person subject to military law, except a
commissioned officer, for any crime or offense made
punishable by the military laws of the United States or the state;
and
(2) has the same powers of punishment as does a general
court-martial, except that fines imposed by the courts may not
exceed one hundred dollars ($100).
(e) The adjutant general or the commanding officer of each camp
or other place, division, regiment, battalion, company, air squadron,
group, or other detachment of the national guard may appoint for the
place or command a summary court to consist of one (1) officer, who
may administer oaths and try the enlisted persons of the place or
command for breaches of discipline and violations of laws when
governing the organizations. The court, when satisfied of the guilt of
the soldier, may:
(1) impose fines of not more than twenty-five dollars ($25) for
any offense;
(2) sentence noncommissioned officers to reduction in rank;
and
(3) sentence to forfeiture of pay and allowances.
The proceedings of the court must be informal and the minutes must
be the same as prescribed for summary courts of the armed forces of
the United States.
(f) All courts-martial of the Indiana national guard, including
summary courts, may sentence to confinement instead of imposing
an authorized fine if the sentence of confinement does not exceed
one (1) day for each one dollar ($1) of fine authorized.
(g) A sentence of dismissal from the service or dishonorable
discharge imposed by a national guard court-martial may not be
executed until approved by the governor.
(h) A conviction by court-martial that has been approved by the
convening authority under this article may be appealed to a military
court of appellate review. The military court of appellate review must
consist of three (3) Indiana national guard judge advocates appointed
to the military court of appellate review by the adjutant general.
(i) Presidents of courts-martial and summary courts officers may
do the following:
(1) Issue warrants to arrest an accused person and to bring the
person before the court for trial if the person has disobeyed an
order in writing from the convening authority to appear before
the court. A copy of the charge must be delivered to the accused
with the order.
(2) Issue subpoenas duces tecum.
(3) Enforce by attachment attendance of witnesses and the
production of books and papers.
(4) Sentence for a refusal to be sworn or to answer as provided
in action before civil courts.
(j) All processes of a court-martial, when it is impracticable to be
executed by the military forces of the state, shall be:
(1) brought in the name of the state; and
(2) executed by the civil officers designated by the president of
the court-martial or summary court officer issuing the process.
The designated civil officer shall execute all processes and return the
processes to the officer who issued the processes. The civil officer
shall be paid the fees and allowances provided for like processes in
civil actions of the state. The fees shall be charged in case of
conviction of the accused as a part of the penalty of the offense of
which the accused may be convicted whether the punishment for the
offense is imprisonment or a fine, or both. The payment of the costs
in addition to the payment of the fine imposed shall be enforced by
imprisonment until the payment is satisfied, at a rate of one dollar
($1) per day of the costs or fine, or both.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-3
Collection of fines
Sec. 3. (a) Fines may be collected in the following manner:
(1) By the retention of any pay or allowances due or to become
due from the state.
(2) By commitment to a jail designated by the reviewing
authority until the fine is paid or until one (1) day is served for
each one dollar ($1) of the fine imposed.
(3) By payment to the county treasurer. The county treasurer
shall immediately transmit the payment to the treasurer of state.
The treasurer of state shall quarterly pay the sums to the armory
board, and the sums are appropriated continuously for the
purposes of IC 10-16-3-11. It is sufficient to record upon the
payroll opposite the name of the person fined a notation of the
sentence of the court-martial and the date of approval of the
sentence, together with the name and rank of the reviewing
authority.
(b) A sentence of imprisonment imposed by a court-martial during
active service or at camps of instruction shall be carried out by
confinement in a guardhouse, tent, or other places designated by the
reviewing authority. A sentence of imprisonment imposed by
court-martial upon persons not in active service or at camps of
instruction shall be carried out by confinement in a jail to be
designated by the reviewing authority.
As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.19.
IC 10-16-9-4
Fines; confinement until paid
Sec. 4. If a fine is assessed by a court-martial against a member of
the Indiana national guard to whom pay is not due or about to
become due, the member of the Indiana national guard fails or
refuses to make payment to the treasurer of the state and the
proceedings of the court have been approved by the reviewing
authority, the reviewing authority in the case of a general or special
court-martial, or the summary court officer in the case of a summary
court-martial, shall issue a writ in a form approved by the adjutant
general for the confinement of the member of the Indiana national
guard until the:
(1) fine has been paid; or
(2) member has served one (1) day for each one dollar ($1) of
the fine imposed and costs of the action accrued.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-5
Sheriffs; order of confinement
Sec. 5. If a sentence of imprisonment is to be served in a place
other than in a guardhouse or tent, the reviewing authority in the case
of a general or special court-martial and the summary court officer
in the case of a summary court-martial shall issue to the sheriff of the
county where the confinement has been ordered by the reviewing
authority an order of confinement in a form approved by the adjutant
general.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-6
Disciplinary punishment
Sec. 6. (a) The commanding officer of any detachment, company,
or other unit or organization may impose disciplinary punishment
upon any enlisted member of the officer's command.
(b) An officer exercising command normally exercised by a
general officer may impose disciplinary punishment upon any
warrant or commissioned officer of the exercising officer's
command.
(c) A punishment imposed by authority of this section may
include the following:
(1) Admonition.
(2) Reprimand.
(3) Withholding privileges for up to seven (7) twenty-four (24)
hour duty days.
(4) Restriction to specific area limits for up to seven (7)
twenty-four (24) hour duty days.
(5) Imposition of a fine of not more than two-thirds (2/3) of one
(1) month's pay to which the member would have been entitled
during the month of the offense.
(d) A commanding officer may also:
(1) order a member of the officer's command to be confined
under correctional custody for not more than eight (8) days;
(2) reduce the member's rank to the next inferior grade; or
(3) order a member confined and reduce the member's rank as
provided in subdivisions (1) and (2).
However, only the commanding officer who holds promotion
authority over the member charged with an offense may prescribe the
punishment of correctional custody, fine, or reduction in rank.
(e) Fines shall be collected as directed under section 3 of this
chapter.
(f) Confinement shall be carried out in compliance with sections
5 and 11 of this chapter.
(g) This section may not be construed to be a waiver of the right
to trial by court-martial.
(h) A sentence may not be executed until the right of appeal has
been exhausted or waived as prescribed in the uniform code of
military justice.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-7
Arrest of members
Sec. 7. (a) Officers, warrant officers, and enlisted persons of the
Indiana national guard may be placed in arrest by their military
superiors for violations of military offenses committed during
periods of authorized military duty.
(b) If any member of the Indiana national guard fails or refuses to
report to the member's appointed place of duty, the commanding
officer may:
(1) arrest or cause to be arrested the member; and
(2) have the member brought before the commanding officer at
the member's unit or organization headquarters.
(c) If military personnel are not available to make the arrest or if
the commanding officer considers it advisable, the commanding
officer may issue a warrant to any sheriff, constable, or other law
enforcement officer authorized to serve warrants of arrest under civil
law. The law enforcement officer shall serve the warrant in the same
manner as other warrants of arrest and make return of the warrant to
the commanding officer issuing the warrant.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-8
Marshals
Sec. 8. (a) The president or military judge of a general and a
special court-martial and a summary court officer may each appoint
by warrant and at any time remove one (1) or more marshals. A
marshal shall do the following:
(1) If ordered by the president of a general or special
court-martial or summary court officer, execute any process,
mandate, or order issued by the president or court or officer.
(2) Perform all acts and duties authorized to be performed by
any sheriff, marshal, or constable under this article.
(b) A commanding officer imposing disciplinary punishment
under section 6 of this chapter may request the summary court officer
having jurisdiction over the unit to appoint a marshal to carry out the
process, mandate, or order issued by the commanding officer.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-9
Civil proceedings against military members preferring charges;
sentences or executing process and writs
Sec. 9. An action on civil proceeding may not be presented
against:
(1) any member of the armed forces of Indiana who prefers
charges against any person subject to military discipline; or
(2) any member of a military court or officer or person acting
under the court's authority or reviewing its proceedings on
account of the:
(A) approval, imposition, or execution of any sentence;
(B) imposition or collection of a fine or penalty; or
(C) execution of any warrant, writ, execution, process, or
mandate of a military court.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-10
Jurisdiction; presumptions and burden of proof
Sec. 10. The jurisdiction of the courts and boards established by
this chapter is presumed, and the burden of proof rests on any person
seeking to oust the courts or boards of jurisdiction in any action or
proceedings.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-11
Jails; designating place of confinement; sentence served on
consecutive day basis
Sec. 11. (a) The reviewing authority shall designate:
(1) the jail of any county; and
(2) when ordered out of the state for duty, an appropriate place
of confinement;
as the place where any sentence of confinement by a military court
shall be executed.
(b) With regard to punishment under section 6 of this chapter,
confinement shall be at the county jail designated by the officer
holding appellate jurisdiction over the case and having the advice of
a staff judge advocate as to the legality of the proceedings. However,
at the discretion of the officer holding appellate jurisdiction, short
term confinement may be carried out in an acceptable municipal jail.
(c) Unless the commanding officer who ordered the sentence
directs otherwise, a sentence of confinement or correctional custody
shall be served on a consecutive day basis.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-12
Disorderly conduct in presence of court-martial
Sec. 12. (a) A person connected with the military service:
(1) shall treat a court-martial with respect; and
(2) in default of respectful consideration, may be proceeded
against by arrest and trial.
(b) A person who is not connected with the military service shall
behave with respect and decorum toward a court-martial.
(c) A person who engages in disorderly conduct in the presence
of a court-martial commits a Class C infraction.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-13
United States military laws and regulations
Sec. 13. The general principle and spirit of the military laws and
regulations for the government of the armed forces of the United
States, when not in conflict with the express provisions of this
chapter or the Constitution of the State of Indiana, shall be the guide
of commanding officers and courts-martial.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-14
Lack of form not vitiating proceedings
Sec. 14. A lack of form may not vitiate the proceedings of a
court-martial.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-15
Administration of oaths
Sec. 15. An officer may administer oaths when necessary under
this article.
As added by P.L.2-2003, SEC.7.