Mass. Gen. Laws ch. 33A, sec. 135 — MA Code / Part I / Title V / Chapter 33A / Section 135
Courts of inquiry
Status: in_force

Article 135. Courts of inquiry. (a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by a person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry. (b) A court of inquiry shall consist of at least 3 commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. (c) A person subject to this code whose conduct is subject to inquiry shall be designated as a party. A person subject to this code who has a direct interest in the subject of inquiry shall have the right to be designated as a party upon request to the court. A person designated as a party shall be given due notice and shall have the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence. (d) Members of a court of inquiry may be challenged by a party but only for cause stated to the court. (e) The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. (f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry as provided for courts-martial. (g) Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority. (h) 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.

Article 135. Courts of inquiry.

(a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by a person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.

(b) A court of inquiry shall consist of at least 3 commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

(c) A person subject to this code whose conduct is subject to inquiry shall be designated as a party. A person subject to this code who has a direct interest in the subject of inquiry shall have the right to be designated as a party upon request to the court. A person designated as a party shall be given due notice and shall have the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.

(d) Members of a court of inquiry may be challenged by a party but only for cause stated to the court.

(e) The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry as provided for courts-martial.

(g) Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.

(h) 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.