reglab/housing_qa huggingface dataset:
MA Gen L ch 33a § 24 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 24 - Who May Convene Summary Courts-Martial

Article 24. Who may convene summary courts-martial.  (a) Summary courts-martial may be convened by:  (1) a person who may convene a general or special court-martial;  (2) the commanding officer of a detached company or other detachment, or corresponding unit of the army;  (3) the commanding officer of a detached squadron or other detachment, or corresponding unit of the air force; or  (4) the commanding officer or officer in charge of any other command when empowered by the adjutant general.  (b) When only 1 commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. Summary courts-martial may, however, be convened in any case by superior competent authority if considered desirable by that authority.
MA Gen L ch 33a § 25 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 25 - Who May Serve on Courts-Martial

Article 25. Who may serve on courts-martial.  (a) A commissioned officer of the state military forces shall be eligible to serve on all courts-martial for the trial of a person subject to this code.  (b) A warrant officer of the state military forces shall be eligible to serve on general and special courts-martial for the trial of a person subject to this code, other than a commissioned officer.  (c) An enlisted member of the state military forces who is not a member of the same unit as the accused shall be eligible to serve on general and special courts-martial for the trial of an enlisted member subject to this code, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under subsection (a) of article 39 prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least 1/3 of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the enlisted members could not be obtained. For purposes of this article, ''unit'' shall mean a regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia or a body corresponding to 1 of them.  (d) No person subject to this code may be tried by a court-martial if a member of that court-martial is junior to the accused in rank or grade, unless non-junior members cannot be obtained on account of physical conditions or military exigencies.  (e) When convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial if that member is the accuser, a witness or has acted as investigating officer or as counsel in the same case.  (f) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.
MA Gen L ch 33a § 26 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 26 - Military Judge of a General or Special Court-Martial

Article 26. Military judge of a general or special court-martial.  (a) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.  (b) A military judge shall be:  (1) an active or retired commissioned officer of an organized state military force;  (2) a member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for not less than 5 years; and  (3) certified as qualified for duty as a military judge by the senior force judge advocate which is the same force as the accused.  (c) If a military judge is not a member of the bar of the highest court of the commonwealth, the military judge shall be considered admitted pro hac vice, subject to filing a certificate with the senior force judge advocate of the same force as the accused, setting forth the qualifications provided in subsection (b).  (d) The military judge of a general or special court-martial shall be designated by the senior force judge advocate of the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor a staff member of the convening authority shall prepare or review a report concerning the effectiveness, fitness or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.  (e) No person shall act as military judge in a case if that person is the accuser, a witness or has acted as investigating officer or counsel in the same case.  (f) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel and defense counsel, nor vote with the members of the court.  (g) A military judge need not be a member of the same military force or the same branch of the convening authority or accused.
MA Gen L ch 33a § 27 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 27 - Detail of Trial Counsel and Defense Counsel

Article 27. Detail of trial counsel and defense counsel.  (a)(1) For each general and special court-martial, the authority convening the court shall detail trial counsel, defense counsel and such assistants as are appropriate.  (2) A person who has acted as investigating officer, military judge, witness or court member in a case may not act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, defense counsel or assistant or associate defense counsel in the same case. A person who has acted for the prosecution may not act later in the same case for the defense. A person who has acted for the defense may not act later in the same case for the prosecution.  (b) Except as provided in subsection (c), trial counsel or defense counsel detailed for a general or special court-martial shall be:  (1) a judge advocate, as defined in article 1; and  (2) in the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court-martial is held.  (c) If defense counsel is not a member of the bar of the highest court of the commonwealth, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:  (1) a commissioned officer of the armed forces of the United States or a component thereof; and  (2) a member in good standing of the bar of the highest court of a state; and  (3) certified as a judge advocate in the judge advocate general's corps of the army, air force, navy or the marine corps; or  (4) a judge advocate, as defined in article 1.
MA Gen L ch 33a § 28 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 28 - Detail or Employment of Reporters and Interpreters

Article 28. Detail or employment of reporters and interpreters.  Under such regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.
MA Gen L ch 33a § 29 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 29 - Absent and Additional Members

Article 29. Absent and additional members.  (a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless the member is excused as a result of a challenge, or by the military judge for physical disability or other good cause or by order of the convening authority for good cause.  (b) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below 5 members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than 5 members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.  (c) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below 3 members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than 3 members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused and counsel for both sides.  (d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge or for other good cause, the trial shall proceed, subject to any applicable conditions of clause (B) of paragraph (1) or clause (B) of paragraph (2) of article 16, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.
MA Gen L ch 33a § 30 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 30 - Charges and Specifications

Article 30. Charges and specifications.  (a) Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by subsection (a) of article 136 to administer oaths and shall state:  (1) that the signer has personal knowledge of, or has investigated, the matters set forth therein; and  (2) that they are true in fact to the best of the signer's knowledge and belief.  (b) Upon the referring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
MA Gen L ch 33a § 31 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 31 - Compulsory Self-Incrimination Prohibited

Article 31. Compulsory self-incrimination prohibited.  (a) A person subject to this code shall not compel a person to incriminate himself or herself or to answer a question the answer to which may tend to incriminate that person.  (b) A person subject to this code shall not interrogate or request a statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.  (c) A person subject to this code shall not compel a person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue and may tend to degrade the person.  (d) No statement obtained from a person in violation of this article or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against the person in a trial by court-martial.
MA Gen L ch 33a § 33 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 33 - Forwarding of Charges

Article 33. Forwarding of charges.  When a person is held for trial by general court-martial, the commanding officer shall, not later than 8 calendar days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that person the reasons for delay.
MA Gen L ch 33a § 34 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 34 - Advice of Judge Advocate and Reference for Trial

Article 34. Advice of judge advocate and reference for trial.  (a) Before directing the trial of a charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:  (1) the specification alleges an offense under this code;  (2) the specification is warranted by the evidence indicated in the report of investigation under article 32 of this code, if there is such a report; and  (3) a court-martial would have jurisdiction over the accused and the offense.  (b) The advice of the judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the judge advocate:  (1) expressing conclusions with respect to each matter set forth in subsection (a); and  (2) recommending action that the convening authority take regarding the specification.  If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.  (c) If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
MA Gen L ch 33a § 35 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 35 - Service of Charges

Article 35. Service of charges.  The trial counsel shall serve or caused to be served upon the accused a copy of the charges. A person shall not, against that person's objection, be brought to trial before a general court-martial case before 10 days after the service of charges upon the accused, or in a special court-martial, before 6 days after the service of charges upon the accused.
MA Gen L ch 33a § 36 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 36 - Commander-in-Chief or the Adjutant General May Prescribe Rules

Article 36. Commander-in-chief or the adjutant general may prescribe rules.  Pretrial, trial and post-trial procedures, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may be prescribed by the commander-in-chief or the adjutant general by regulations, or as otherwise provided by law, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this code.
MA Gen L ch 33a § 37 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 37 - Unlawfully Influencing Action of Court

Article 37. Unlawfully influencing action of court.  (a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand or admonish the court or a member, the military judge or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or a member thereof, in reaching the findings or sentence in a case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts. This subsection shall not apply with respect to:  (1) general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or  (2) statements and instructions given in open court by the military judge, summary court- martial officer or counsel.  (b) In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part to determine whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code shall, in preparing any such report:  (1) consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or  (2) give a less favorable rating or evaluation of any counsel for the accused because of zealous representation before a court-martial.
MA Gen L ch 33a § 38 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 38 - Duties of Trial Counsel and Defense Counsel

Article 38. Duties of trial counsel and defense counsel.  (a) The trial counsel of a general or special court-martial shall be a member in good standing of the bar of the commonwealth and shall prosecute in the name of the commonwealth, and shall, under the direction of the court, prepare the record of the proceedings.  (b)(1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under article 32 as provided in this subsection.  (2) The accused may be represented by civilian counsel at the provision and expense of the accused.  (3) The accused may be represented:  (A) by military counsel detailed under article 27; or  (B) by military counsel of the accused's own selection if that counsel is reasonably available as determined under paragraph (7).  (4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused.  (5) Except as provided under paragraph (6), if the accused is represented by military counsel of the accused's own selection under clause (B) of paragraph (3), any military counsel detailed under clause (A) of paragraph (3) shall be excused.  (6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under article 27 of this code to detail counsel, in that person's sole discretion:  (A) may detail additional military counsel as assistant defense counsel; and  (B) if the accused is represented by military counsel of the accused's own selection under clause (B) of paragraph (3), may approve a request from the accused that military counsel detailed under clause (A) of paragraph (3) act as associate defense counsel.  (7) The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available.  (c) In any court-martial proceeding resulting in a conviction, the defense counsel:  (1) may forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate;  (2) may assist the accused in the submission of any matter under article 60 of this code; and  (3) may take other action authorized by this code.
MA Gen L ch 33a § 39 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 39 - Sessions

Article 39. Sessions.  (a) At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to article 35, call the court into session without the presence of the members for the purpose of:  (1) hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;  (2) hearing and ruling upon any matter that may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;  (3) holding the arraignment and receiving the pleas of the accused; and  (4) performing any other procedural function that does not require the presence of the members of the court under this code. These proceedings shall be conducted in the presence of the accused, the defense counsel and the trial counsel and shall be made a part of the record..  (b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and the military judge.
MA Gen L ch 33a § 40 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 40 - Continuances

Article 40. Continuances.  The military judge of any court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.