29B.117 - COURTS OF INQUIRY.
29B.117 COURTS OF INQUIRY.
1. a. Courts of inquiry to investigate any matter may be
convened by the adjutant general, the governor, or by any other
person designated by the adjutant general or authorized to convene a
general court-martial for that purpose, whether or not the persons
involved have requested the inquiry.
b. A court of inquiry consists of three or more commissioned
officers. For each court of inquiry the convening authority shall
also appoint counsel for the court.
2. Any person subject to this code whose conduct is subject to
inquiry shall be designated as a party. Any person subject to this
code 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.
3. a. Members of a court of inquiry may be challenged by a
party, but only for cause stated to the court.
b. The members, counsel, the reporter, and interpreters of
courts of inquiry shall take an oath or affirmation to faithfully
perform their duties.
c. Witnesses may be summoned to appear and testify and be
examined before courts of inquiry, as provided for courts-martial.
d. 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.
e. 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. Section History: Early Form
[C97, § 2196--2198; SS15, § 2215-f36; C24, 27, 31, § 464; C35, §
467-f32; C39, § 467.34; C46, 50, § 29.34; C54, 58, 62, § 29.70;
C66, 71, 73, 75, 77, 79, 81, § 29B.117; 82 Acts, ch 1042, § 47] Section History: Recent Form
2008 Acts, ch 1032, §142