reglab/housing_qa huggingface dataset:
UT Code § 39-6-16 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 16 - Military court -- Jurisdiction.

39-6-16. Military court -- Jurisdiction.    (1)   (a) Subject to Subsections (2) and (3), a military court in this state has jurisdiction to try persons subject to this chapter for any offense punishable by this chapter.     (b) The military court may, under limitations the governor may prescribe, and under applicable state and federal regulations governing punishment, impose any punishment not prohibited by this chapter or state law, including the issuance of a bad conduct discharge, when the court is in session to consider a penalty.       (2) Each major command component of the National Guard has military court jurisdiction over all persons subject to this chapter. The exercise of this jurisdiction by one command component over members of another shall be in accordance with regulations prescribed by the governor.     (3) Members of the Utah National Guard or the unorganized militia in federal service are subject to the federal Uniform Code of Military Justice and all federal and state laws pertaining to them, until released back to state control.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-17 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 17 - Bad conduct discharge or dismissal -- Approval by governor.

39-6-17. Bad conduct discharge or dismissal -- Approval by governor.    (1) A sentence imposing dismissal or bad conduct discharge against a member of the National Guard who is not in federal service may not be executed until it is approved by the governor.     (2) A discharge or dismissal may not be imposed by any military court unless a complete written record of the proceedings has been made and is available for consideration of the military court.    Amended by Chapter 15, 1989 General Session
UT Code § 39-6-18 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 18 - Convening military court.

39-6-18. Convening military court.  A military court may be convened in the National Guard, while it is not in the federal service, by the governor or adjutant general.  Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-19 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 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 a military 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 military court for the trial of any person, other than a superior commissioned officer, who is brought before the court for trial.     (3)   (a) An enlisted member of the National Guard who is not a member of the same unit as the accused may serve on a military court for the trial of any enlisted member brought before the court for trial.     (b) However, an enlisted member may serve as a member of a court only if before the conclusion of a session called by the court under Section 39-6-32, or in the absence of the session, before the court is assembled for the trial of the accused, the accused personally has requested 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 the military court when enlisted members comprise less than 1/2 of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies.     (d) If the members cannot be obtained, the court may be assembled and trial held without them, but the convening authority shall make a detailed written explanation of why they could not be obtained. This statement shall be appended to the court record.     (e) "Unit" means any regularly organized major command (MACOM) of the National Guard.       (4)   (a) A person subject to this chapter shall be tried by a military court, but no member may be junior to him in rank or grade.     (b) When an authority convenes a military court, it shall detail as members of the court those 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 the accuser or a witness in the case or has acted as investigating officer or as counsel in the same case.      Amended by Chapter 15, 1989 General Session
UT Code § 39-6-20 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 20 - Military judge -- Qualifications -- Designation for detail.

39-6-20. Military judge -- Qualifications -- Designation for detail.    (1) The authority convening a military court shall, subject to regulations made by the governor, detail a military judge to preside over each open session of the court.     (2) A military judge shall be:   (a) a commissioned officer;     (b) a member of the Utah State Bar;     (c) a member of the bar of a federal court; and     (d) certified as qualified for this duty by the state judge advocate.       (3)   (a) The military judge of a military court shall be designated by the state judge advocate or the SJA's designee for detail by the convening authority.     (b) Unless the military court was convened by the governor, neither the adjutant general nor the adjutant general's staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge's performance of duty as a military judge.       (4) A person is not eligible to act as a military judge in a case if the person:   (a) is the accuser;     (b) is a witness in the case;     (c) has acted as investigating officer; or     (d) is a counsel in the same case.       (5) The military judge of a court may not:   (a) consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel; or     (b) vote with the members of the court.      Amended by Chapter 287, 2008 General Session
UT Code § 39-6-21 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 21 - Military court -- Duties of convening authority.

39-6-21. Military court -- Duties of convening authority.  Under regulations the governor may prescribe, the convening authority of a military court or court of inquiry:  (1) shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court; and     (2) may detail or employ interpreters to interpret for the court.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-22 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 22 - Military court members -- When excused -- Trial procedure.

39-6-22. Military court members -- When excused -- Trial procedure.    (1) A member of a military court may not be absent or excused after the court has been assembled for the trial of the accused, except because of physical disability, the result of a challenge, or for good cause by order of the convening authority.     (2)   (a) When a military court other than a court composed solely of a military judge is reduced to fewer than four members, the trial may not proceed unless the convening authority details new members sufficient to provide not fewer than four members.     (b) When the new members have been sworn, 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 the counsel for the prosecution and defense.      Amended by Chapter 15, 1989 General Session
UT Code § 39-6-23 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 23 - Military court -- Charges and specifications -- Contents -- Notification of accused.

39-6-23. Military court -- Charges and specifications -- Contents -- Notification of accused.    (1) Charges and specifications shall be signed by a person subject to this chapter under oath before a person authorized to administer oaths and shall state that:   (a) the person signing has personal knowledge of, or has investigated, the matters set forth in the document; and     (b) the matters set forth are true to the best of his knowledge and belief.       (2)   (a) Upon the preferring of charges, the appropriate authority shall take action immediately to determine what disposition should be made in the interest of justice and discipline.     (b) The accused shall be informed of the charges against him as soon as practicable.      Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-24 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 24 - Person charged -- Limits on evidence obtained from other persons.

39-6-24. Person charged -- Limits on evidence obtained from other persons.    (1) A person subject to this chapter may not:   (a) compel any person to incriminate himself or to answer any question, the answer to which may tend to incriminate him;     (b) interrogate, or request any statement from an accused or a person suspected of an offense, without first informing him of the nature of the accusation and advising him that he is not required to make any statement regarding the offense of which he is accused or suspected, and that any statement made by him may be used as evidence against him in a trial by military court; and     (c) 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 before the court and may tend to degrade him.       (2) A statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may not be received in evidence against him in a trial by a military court.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-26 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 26 - Charges to be forwarded to governor or adjutant general.

39-6-26. Charges to be forwarded to governor or adjutant general.  When a person is held for trial by military court, the commanding officer shall forward the charges, together with the investigation and related papers, to the governor or the adjutant general within five working days, excluding holidays, after the accused is ordered into arrest or confinement.  Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-27 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 27 - Review of charge by SJA -- Corrections to charges.

39-6-27. Review of charge by SJA -- Corrections to charges.    (1)   (a) Before directing the trial of any charge by a military court, the convening authority shall refer it to the SJA for consideration and advice.     (b) The convening authority may not refer a charge to a military court for trial unless he or she has found that the charge alleges an offense under this chapter and is warranted by sufficient evidence, as indicated in the report of the investigation.       (2) 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 changes in the charges and specifications as necessary may be made to conform to the evidence.    Amended by Chapter 287, 2008 General Session
UT Code § 39-6-28 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 28 - Service of charges on accused.

39-6-28. Service of charges on accused.    (1) The trial counsel to whom charges are referred for trial shall cause to be served upon the accused a copy of the charges to be tried.     (2) A person may not, against his objection, be brought to trial or be required to participate by himself or with counsel in a session called by the military judge under Section 39-6-32, in a military court case, within five days after the service of charges upon him.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-29 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 29 - Court procedures -- Regulations by governor.

39-6-29. Court procedures -- Regulations by governor.    (1) In cases subject to or brought under this chapter, before military courts, or before other military tribunals, the procedure, including elements of proof, may be prescribed by the governor by regulations.     (2) The regulations shall, as the governor considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state. However, the regulations may not be contrary to or inconsistent with this chapter.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-30 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 30 - Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance.

39-6-30. Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance.    (1) An authority convening a military court, or any other commanding officer, or officer serving on the staff of any of these persons, may not censure, reprimand, or admonish the court or any member, military judge, or counsel of the court, with respect to the findings or sentence adjudged by the court, or any other function carried out in the proceeding.     (2) A person subject to this chapter may not attempt to coerce, or by any unauthorized means influence the action of:   (a) the military court or any other military tribunal or any member of these in their arriving at the findings or sentence in any case; or     (b) any convening, approving, or reviewing authority with respect to his judicial acts.       (3) Subsection (2) does not apply to:   (a) general instructional or informational courses in military justice, if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of a military court; or     (b) statements and instructions given in open court by the military judge, the president of a military court, or counsel.       (4) In preparing an effectiveness, efficiency, or fitness report, or any other report or document used in whole or in part for determining whether a member of the National Guard is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the National Guard, or in determining whether a member should be retained in an active status, a person subject to this chapter may not:   (a) consider or evaluate the performance of duty of any member of a military court; or     (b) give a less favorable rating or evaluation of any member of the National Guard because of the zeal with which the member, as counsel, represented any accused before a military court or before any other proceeding authorized by this chapter.      Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-31 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 31 - Military court -- Prosecutions in state name -- Right to defense trial counsel.

39-6-31. Military court -- Prosecutions in state name -- Right to defense trial counsel.    (1) The trial counsel of a military court prosecutes in the name of the state, and shall prepare the record of the proceedings under the direction of the court.     (2)   (a) The accused has the right to be represented in his defense before a military court by civilian counsel if provided by him at no expense to the state, or by military counsel of his own selection if reasonably available.     (b) If the accused has counsel of his own choosing, the defense counsel and any assistant defense counsel who were detailed shall act as the associate counsel to the counsel for the accused if the accused desires. Otherwise, detailed counsel shall be excused by the military judge.       (3) In a court proceeding resulting in a conviction, the defense counsel may forward for attachment to the record of proceedings a brief of matters that should be considered on behalf of the accused on review, including any objection to the contents of the record.     (4) An assistant trial counsel of a military court may, under the direction of the trial counsel, or as trial counsel when he is so qualified, perform any duty imposed by law, regulation, or the custom of the service on the trial counsel of the court. An assistant trial counsel of a military court may perform any duty of the trial counsel.     (5) An assistant defense counsel of a military court may, under the direction of the defense counsel or when he is qualified to be the defense counsel, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.    Amended by Chapter 110, 1993 General Session
UT Code § 39-6-32 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 32 - Military court -- Session -- Procedures.

39-6-32. Military court -- Session -- Procedures.    (1) After the service of charges has been referred for trial to a military court composed of a military judge and members, the military judge may, subject to Section 39-6-28, call the court into session. The session shall be made a part of the record, and shall be in the presence of the accused, the defense counsel, and the trial counsel.     (2) The session may be conducted without the presence of the members. A session under this subsection may be conducted for the following purposes:   (a) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;     (b) hearing and ruling upon any matter a military judge under this chapter may rule upon, whether or not the matter is appropriate for later consideration or decision by the members of the court;     (c) holding the arraignment and receiving the pleas of the accused, if permitted by regulations prescribed by the governor or adjutant general; or     (d) performing any other procedural function that may be performed by the military judge under this chapter or under rules prescribed under Section 39-6-39 and which does not require the presence of the members of the court.       (3) When the members of a military court 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, and the military judge.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-33 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 33 - Military court -- Continuance.

39-6-33. Military court -- Continuance.  The military judge may, upon good cause shown, grant a continuance to trial or defense counsel for a stated period of time, when a continuance appears to be just.  Amended by Chapter 15, 1989 General Session
UT Code § 39-6-34 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 34 - Military court -- Challenge for cause -- Peremptory challenge.

39-6-34. Military court -- Challenge for cause -- Peremptory challenge.    (1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless the judge determines otherwise.     (2) Each accused and the trial counsel are entitled to one peremptory challenge, but the military judge may not be challenged except for cause. The military judge in his discretion may grant additional peremptory challenges where appropriate.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-35 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 35 - Military court -- Oath or affirmation.

39-6-35. Military court -- Oath or affirmation.    (1) Before performing their respective duties, military judges, interpreters, members of the court, the trial counsel, the assistant trial counsel, the defense counsel, the assistant defense counsel, and court reporters shall take an oath or affirmation to perform their duties faithfully.     (2)   (a) The governor shall prescribe by regulation the oath or affirmation, the time and place of taking either of them, the manner of recording the taking, and whether the oath is taken for all cases in which these duties are to be performed or for a specific case.     (b) The regulations may provide that an oath or affirmation to faithfully perform any of the duties under Subsection (1) except that of court reporter, be taken at any time by any judge advocate, legal officer, or other person certified as qualified or competent for the duty. The regulations may also provide that an oath under this subsection need not again be taken at the time the judge advocate, legal officer, or other person having taken an oath under this section is detailed to that duty.     (c) Each witness in a military court shall be examined on oath or affirmation.      Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-36 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 36 - Desertion or absence without leave and other offenses -- Time limit on trial -- Tolling of time limits.

 Effective 5/13/2014  39-6-36. Desertion or absence without leave and other offenses -- Time limit on trial -- Tolling of time limits.    (1) A person charged with desertion or absence without leave may be tried and punished at any time, within four years after the preferral of charges.     (2) Except under Subsection (1), a person charged with any offense is not liable to be tried by a military court or punished under Section 39-6-14 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising jurisdiction as a military court convening authority.     (3) Periods when the accused was outside the state's jurisdiction to apprehend him, or when he is in the custody of civilian authorities, are excluded in computing limitations of time under this section.    Amended by Chapter 189, 2014 General Session
UT Code § 39-6-37 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 37 - Second trial on an offense prohibited.

39-6-37. Second trial on an offense prohibited.    (1) A person may not, without his written consent, be brought to trial a second time in any military or civilian court of the state for the same offense.     (2) A proceeding in which an accused has been found guilty by a military court upon any charge or specification, is not a trial under this section until the finding of guilty has become final and the review of the case has been completed.     (3) A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial under this section.    Enacted by Chapter 210, 1988 General Session