39-6-19 - Persons who may serve on a military court.
39-6-19. Persons who may serve on a military court.
(1) A commissioned officer off or on duty with the National Guard may serve on amilitary court for the trial of any person brought before the court for trial.
(2) A warrant officer off or on duty with the National Guard may serve on a militarycourt for the trial of any person, other than a superior commissioned officer, who is broughtbefore the court for trial.
(3) (a) An enlisted member of the National Guard who is not a member of the same unitas the accused may serve on a military court for the trial of any enlisted member brought beforethe court for trial.
(b) However, an enlisted member may serve as a member of a court only if before theconclusion of a session called by the court under Section 39-6-32, or in the absence of thesession, before the court is assembled for the trial of the accused, the accused personally hasrequested in writing that enlisted members serve on the court.
(c) If the request is made under Subsection (3)(b), the accused may not be tried by themilitary court when enlisted members comprise less than 1/2 of the total membership of thecourt, unless eligible members cannot be obtained on account of physical conditions or militaryexigencies.
(d) If the members cannot be obtained, the court may be assembled and trial held withoutthem, but the convening authority shall make a detailed written explanation of why they couldnot be obtained. This statement shall be appended to the court record.
(e) "Unit" means any regularly organized major command (MACOM) of the NationalGuard.
(4) (a) A person subject to this chapter shall be tried by a military court, but no membermay be junior to him in rank or grade.
(b) When an authority convenes a military court, it shall detail as members of the courtthose persons who in his opinion are best qualified for the duty by age, education, training,experience, length of service, and judicial temperament.
(c) A member is not eligible to serve as a member of a military court when he is theaccuser or a witness in the case or has acted as investigating officer or as counsel in the samecase.
Amended by Chapter 15, 1989 General Session