39-6-107 - Courts of inquiry.
39-6-107. Courts of inquiry.
(1) Courts of inquiry to investigate any matter may be convened by the governor or hisdesignee, whether or not the persons involved have requested the inquiry.
(2) A court of inquiry consists of three or more commissioned officers. For each court,the convening authority shall also appoint counsel for the court.
(3) (a) A person subject to this chapter whose conduct is subject to inquiry shall bedesignated as a party. A person subject to this chapter or employed by the National Guard, whohas a direct interest in the subject of inquiry, has the right to be designated as a party upon requestto the court.
(b) A person designated as a party shall be given due notice and has the right to bepresent, represented by counsel, to have counsel appointed, to cross examine witnesses, and tointroduce evidence.
(4) Members of a court of inquiry may be challenged by a party, but only for cause statedto the court.
(5) The members, counsel, the reporter, and interpreters of a court of inquiry shall take anoath or affirmation to faithfully perform their duties.
(6) Witnesses may be summoned to appear and testify and be examined before a court ofinquiry, under the same provisions as for a military court.
(7) A court of inquiry shall make findings of fact but may not express opinions or makerecommendations, unless required to do so by the convening authority.
(8) (a) A court of inquiry shall keep a record of its proceedings, which shall beauthenticated by the signatures of the president and counsel for the court and forwarded to theconvening authority.
(b) If the record cannot be authenticated by the president, it shall be signed by a memberin lieu of the president. If the record cannot be authenticated by the counsel for the court, it shallbe authenticated by a member in lieu of the counsel.
Amended by Chapter 110, 1993 General Session