reglab/housing_qa huggingface dataset:
GA Code § 38-2-1024 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 5 - Convening of Courts-Martial|§ 38-2-1024. Convening of Summary Courts-Martial

  Summary courts-martial may be convened by:   Any person authorized to convene a special court-martial under subsection (a) of Code Section 38-2-1023; or   Any commander in the grade of O-6 or above.     If any individual listed in subsection (a) of this Code section is an accuser, the summary court-martial shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.   The Governor, or the adjutant general by delegation of the Governor, may, by written order, further limit who may convene actions under this Code section.     (Code 1981, §38-2-1024, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 176.
GA Code § 38-2-1026 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 5 - Convening of Courts-Martial|§ 38-2-1026. Military Judge

  A military judge shall be detailed to each general and special court-martial by the authority convening a general or special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.   A military judge shall be:   An active or retired commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof;   A member in good standing of the bar of the highest court of another state or a member of the bar of a federal court for at least five years; and   Certified as qualified for duty as a military judge by the judge advocate general of the army, air force, or navy and the state judge advocate.     In the instance when a military judge is not a member of the bar of the highest court of this state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the state judge advocate setting forth such qualifications as provided for in subsection (b) of this Code section.   The military judge of a general or special court-martial shall be designated by the state judge advocate, or a designee, for detail by the convening authority. Neither the convening authority nor any primary staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.   Whenever possible, the military judge of a general or special court-martial shall be of the same branch of service as the accused.   No person shall be eligible to act as military judge in a case if that person is the accuser or a witness or has acted as investigating officer or a counsel in the same case.   The military judge of a court-martial shall not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel and shall not vote with the members of the court.   If no person who meets the qualifications to serve as military judge under this Code section is readily available in the sole discretion of the state judge advocate, a law officer shall be appointed. A law officer may serve in place of a military judge provided he or she meets the qualifications as provided for in paragraphs (1) and (2) of subsection (b) of this Code section and is approved for such service, in writing, by the state judge advocate.     (Code 1981, §38-2-1026, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2015, a period was added at the end of paragraph (b)(3).   U.S. Code.   - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 826.
GA Code § 38-2-1027 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 5 - Convening of Courts-Martial|§ 38-2-1027. Trial Counsel and Assistants

    For each general and special court-martial the convening authority shall detail a trial counsel and such assistants as appropriate.   For each general and special court-martial, if the United States Army Trial Defense Services or a similar entity exists, such entity shall detail defense counsel and such assistants as are appropriate. If no appropriate such entity exists, the convening authority shall detail defense counsel and such assistants as are appropriate.   No person who has acted as investigating officer, military judge, a witness, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.     Except as provided in subsection (c) of this Code section, trial counsel or defense counsel detailed for a general or special court-martial shall be a judge advocate.   In the instance where a defense counsel is not a member of the bar of the highest court of this state, 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:   A commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof;   A member in good standing of the bar of the highest court of another state; and   Certified as a judge advocate in the judge advocate general's corps of the army, air force, navy, or the marine corps.     Nothing in this Code section shall preclude the accused from hiring a civilian attorney who is a member of the bar of this state or who has been admitted pro hac vice. Such attorney shall serve the accused at no cost to another state or the federal government.     (Code 1981, §38-2-1027, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Cross references.   - Right of counsel, U.S. Const., amend. 6 and Ga. Const. 1983, Art. I, Sec. I, Para. XIV.   Attorneys generally, T. 15, C. 19.   U.S. Code.   - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 827.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 208.
GA Code § 38-2-1028 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 5 - Convening of Courts-Martial|§ 38-2-1028. Appointment of Court Reporters and Interpreters

 Under such regulations as may be prescribed by the Governor pursuant to Part 1 of Article 2 of this chapter, 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 of and testimony taken before that court. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court.    (Code 1981, §38-2-1028, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1029 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 5 - Convening of Courts-Martial|§ 38-2-1029. Absent and Additional Members; Not Less Than Six Members Required; Disability of Judge

  No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.   Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below six members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than six members. The trial shall 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.   Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below six members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than six 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.   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 subparagraph (B) of paragraphs (1) and (2) of Code Section 38-2-1016, 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.     (Code 1981, §38-2-1029, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 177.
GA Code § 38-2-1030 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 6 - Pretrial Procedure|§ 38-2-1030. Charges and Specification

  Charges and specifications shall be signed by a person subject to this article under oath before a commissioned officer authorized by Code Section 38-2-1136 to administer oaths and shall state:   That the signer has personal knowledge of, or has investigated, the matters set forth therein; and   That the same are true in fact to the best of the signer's knowledge and belief.     Upon the preferring of charges, the convening 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.   The preferring of charges and findings and sentence of a general court-martial or special court-martial, or other disposition of the charges of the general court-martial or special court-martial, shall be reported to the Georgia Crime Information Center. The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the means, manner, and methods of such reporting to the Georgia Crime Information Center.     (Code 1981, §38-2-1030, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 204.
GA Code § 38-2-1031 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 6 - Pretrial Procedure|§ 38-2-1031. Compulsory Self-Incrimination Prohibited

  No person subject to this article shall compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.   No person subject to this article shall interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial.   No person subject to this article shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade him or her.   No statement obtained from any person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement shall be received in evidence against him or her in a trial by court-martial.     (Code 1981, §38-2-1031, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Cross references.   - Rights of accused, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVI.   U.S. Code.   - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 831.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 179.   ALR.   - Coercive conduct by private person as affecting admissibility of confession under state statutes or constitutional provisions - post-Connelly cases, 48 A.L.R.5th 555.
GA Code § 38-2-1033 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 6 - Pretrial Procedure|§ 38-2-1033. Forwarding of Charges

 When a person is held for trial by general court-martial, the commanding officer shall, within three days after the accused is ordered into arrest or confinement, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction.    (Code 1981, §38-2-1033, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 204.
GA Code § 38-2-1034 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 6 - Pretrial Procedure|§ 38-2-1034. Advice of Staff Judge Advocate and Reference for Trial; Corrections

  Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to the staff judge advocate of the service of the accused for consideration and advice. The convening authority shall not refer a specification under a charge to a general or special court-martial for trial unless the convening authority has been advised in writing by the staff judge advocate of the service of the accused that:   The specification alleges an offense under this article;   The specification is warranted by the evidence indicated in the report of investigation as provided for under Code Section 38-2-1032, if there is such a report; and   A court-martial would have jurisdiction over the accused and the offense.     The advice of the staff judge advocate under subsection (a) of this Code section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate:   Expressing conclusions with respect to each matter set forth in subsection (a) of this Code section; and   Recommending action that the convening authority take regarding the specification.  If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.      If the charges or specifications are not formally correct 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.     (Code 1981, §38-2-1034, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1035 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 6 - Pretrial Procedure|§ 38-2-1035. Service of Copy of Charges; Time Period Before Trial

 The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No person shall, against his or her objection, be brought to trial before a general court-martial case within a period of five days after the service of charges upon him or her, or before a special court-martial case within a period of three days after the service of charges upon him or her.    (Code 1981, §38-2-1035, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1036 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 7 - Trial Procedures|§ 38-2-1036. Governor May Prescribe Rules and Regulations

 Pretrial, trial, and post-trial procedures, including, but not limited to, modes of proof, for courts-martial cases arising under this article and for courts of inquiry shall be prescribed by the Governor, or the adjutant general by delegation of the Governor, by regulations issued pursuant to Part 1 of Article 2 of this chapter, or as otherwise provided by law, which shall apply the principles of law generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this article.    (Code 1981, §38-2-1036, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 202.
GA Code § 38-2-1037 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 7 - Trial Procedures|§ 38-2-1037. Unlawfully Influencing Action of Court

  No authority convening a general, special, or summary court-martial nor any other commanding officer or officer serving on the staff thereof may censure, reprimand, or admonish such court or any member, the military judge, counsel, or witness thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his or her functions in the conduct of the proceedings. No person subject to this article shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to their judicial acts.   Subsection (a) of this Code section shall not apply with respect to:   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   Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.     In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the organized militia is qualified to be advanced in grade, of determining the assignment or transfer of a member of the organized militia, or of determining whether a member of the organized militia should be retained on active status, no person subject to this article shall, in preparing any such report:   Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or   Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.       (Code 1981, §38-2-1037, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 179.
GA Code § 38-2-1038 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 7 - Trial Procedures|§ 38-2-1038. Trial Counsel

  The trial counsel of a general or special court-martial shall be a member in good standing of the State Bar of Georgia and shall prosecute in the name of this state and shall, under the direction of the court, prepare the record of the proceedings.     The accused shall have the right to be represented in defense before a general or special court-martial or at an investigation under Code Section 38-2-1032 as provided for in this subsection.   The accused may be represented by civilian counsel at the provision and expense of the accused.   Except as otherwise provided in this Code section, the accused shall be represented by:   Military counsel as provided for under Code Section 38-2-1027; or   Military counsel of the accused's own selection if such counsel is reasonably available as determined under paragraph (7) of this subsection.     If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) of this subsection shall act as associate counsel if requested in writing by the accused; provided, however, that if no such request in writing is made, military counsel detailed under paragraph (3) of this subsection shall be excused.   Except as provided under paragraph (6) of this subsection, if the accused is represented by military counsel of his or her own selection under subparagraph (B) of paragraph (3) of this subsection, any military counsel detailed under subparagraph (A) of paragraph (3) of this subsection shall be excused.   The accused shall not be entitled to be represented by more than one military counsel; provided, however, that the person authorized under regulations prescribed under Code Section 38-2-1027 to detail counsel, in such person's sole discretion:   May detail additional military counsel as assistant defense counsel; and   If the accused is represented by military counsel of the accused's own selection under subparagraph (B) of paragraph (3) of this subsection, may approve a request from the accused that military counsel detailed under subparagraph (A) of paragraph (3) of this subsection act as associate defense counsel.     The staff judge advocate of the same force of the accused shall determine whether the military counsel selected by an accused is reasonably available.     In any court-martial proceeding resulting in a conviction, the defense counsel 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 such counsel considers appropriate;   Assist the accused in the submission of any matter under Code Section 38-2-1060; and   Take other action as authorized by this article.       (Code 1981, §38-2-1038, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2016, p. 864, § 38/HB 737.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 208.