48-2702. (KCMJ Art. 37) Unlawfully influencing action of court.
48-2702
48-2702. (KCMJ Art. 37) Unlawfully influencing action of court.(a) No authority convening a general, special or summary court-martial nor anyother commanding officer, or officer serving on the staff thereof, maycensure, reprimand or admonish the court or any member, military judge orcounsel thereof, with respect to the findings or sentence adjudged by thecourt, or with respect to any other exercise of its or thecourt's or person's functionsin the conduct of the proceeding. No person subject to this code may attempt tocoerce or, by any unauthorized means, influence the action of acourt-martial or any other military tribunal or any member thereof, inreaching the findings or sentence in any case, or the action of anyconvening, approving or reviewing authority with respect tosuch authority's judicialacts. The foregoing provisions shall not apply to:
(1) General instructional or informational courses in military justice,if such courses are designed solely for the purpose of instructing membersof a command in the substantive and procedural aspects of courts-martial;or
(2) statements and instructions given in open court by the militaryjudge or counsel.
(b) In the preparation of an effectiveness, fitness or efficiencyreport, or any other report or document used in whole or in part for thepurpose of determining whether a member of the state military forces isqualified to be advanced in grade or in determining the assignment ortransfer of a member of the state military forces or in determining whethera member of the state military forces should be retained on duty, no personsubject to this code may in preparing any such report:
(1) Consider or evaluate the performance of duty of any such member as amember, military judge or trial counsel of a court-martial; or
(2) give a less favorable rating or evaluation of any member of thestate military forces because of the zeal with which such member as counselrepresented any accused before a court-martial. This subsection is notapplicable to evaluations made by the judge advocate general of theperformance of personnel under such judge advocategeneral's supervision.
History: L. 1972, ch. 203, § 48-2702;L. 1988, ch. 191, § 23; July 1.