reglab/housing_qa huggingface dataset:
WA Rev Code § 38.38.392 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.392 - Oaths.

RCW 38.38.392 [Art. 42] Oaths.(1) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the governor. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by a judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person, is detailed to that duty.(2) Each witness before a court-martial shall be examined on oath.[ 1989 c 48 § 41; 1963 c 220 § 44.]
WA Rev Code § 38.38.396 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.396 - Statute of limitations.

RCW 38.38.396 [Art. 43] Statute of limitations.(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.(2) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under RCW 38.38.784 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.(3) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under RCW 38.38.132 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under RCW 38.38.132.(4) Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.(5) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:(a) Has expired; or(b) Will expire within one hundred eighty days after the date of dismissal of the charges and specifications[,][then] trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subsection (6) of this section are met.(6) The conditions referred to in subsection (5) of this section are that the new charges and specifications must:(a) Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty days after the dismissal of the charges or specifications; and(b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.[ 2009 c 378 § 19; 1989 c 48 § 42; 1963 c 220 § 45.]
WA Rev Code § 38.38.400 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.400 - Former jeopardy.

RCW 38.38.400 [Art. 44] Former jeopardy.(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense.(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.(3) A proceeding which, 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 in the sense of this section.[ 1989 c 48 § 43; 1963 c 220 § 46.]
WA Rev Code § 38.38.404 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.404 - Pleas of the accused.

RCW 38.38.404 [Art. 45] Pleas of the accused.(1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.(2) With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.[ 1991 c 43 § 7; 1989 c 48 § 44; 1963 c 220 § 47.]
WA Rev Code § 38.38.408 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.408 - Opportunity to obtain witnesses and other evidence.

RCW 38.38.408 [Art. 46] Opportunity to obtain witnesses and other evidence.(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.(2) The president of a special court-martial, military judge, military magistrate, or a summary court officer may:(a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;(b) Issue subpoenas duces tecum and other subpoenas;(c) Enforce by attachment the attendance of witnesses and the production of books and papers; and(d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.(3) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.[ 2009 c 378 § 20; 1989 c 48 § 45; 1963 c 220 § 48.]
WA Rev Code § 38.38.412 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.412 - Refusal to appear or testify—Penalty.

RCW 38.38.412 [Art. 47] Refusal to appear or testify—Penalty.(1) Any person not subject to this code who:(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior court of the state; and(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;is guilty of an offense against the state.(2) Any person who commits an offense named in subsection (1) of this section shall be tried before the superior court of this state having jurisdiction and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both.(3) The prosecuting attorney in any such court, upon the certification of the facts by the military court, commission, court of inquiry, or board, shall prosecute any person violating this section.[ 2009 c 378 § 21; 1989 c 48 § 46; 1963 c 220 § 49.]
WA Rev Code § 38.38.416 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.416 - Contempts.

RCW 38.38.416 [Art. 48] Contempts.A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.[ 1963 c 220 § 50.]
WA Rev Code § 38.38.420 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.420 - Depositions.

RCW 38.38.420 [Art. 49] Depositions.(1) At any time after charges have been signed, as provided in RCW 38.38.308, any party may take oral or written depositions unless a military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.(2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.(3) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.(4) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:(a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred miles from the place of trial or hearing;(b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or(c) That the present whereabouts of the witness is unknown.[ 1989 c 48 § 47; 1963 c 220 § 51.]
WA Rev Code § 38.38.424 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.424 - Admissibility of records of courts of inquiry.

RCW 38.38.424 [Art. 50] Admissibility of records of courts of inquiry.(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.(2) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.(3) Such testimony may also be read in evidence before a court of inquiry or a military board.[ 1963 c 220 § 52.]
WA Rev Code § 38.38.428 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.428 - Voting, rulings, instructions.

RCW 38.38.428 [Art. 51] Voting, rulings, instructions.(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.(2) The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change a ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a vote as provided in RCW 38.38.432, beginning with the junior in rank.(3) Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:(a) That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;(b) That in the case being considered, if there is reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;(c) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree to which there is no reasonable doubt; and(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.(4) Subsections (1), (2), and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.[ 1989 c 48 § 48; 1963 c 220 § 53.]
WA Rev Code § 38.38.432 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.432 - Number of votes required.

RCW 38.38.432 [Art. 52] Number of votes required.(1) No person may be convicted of an offense, except as provided in RCW 38.38.404(2) or by the concurrence of two-thirds of the members present at the time the vote is taken.(2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty, or to reconsider a sentence with a view towards decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.[ 1989 c 48 § 49; 1963 c 220 § 54.]
WA Rev Code § 38.38.436 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.436 - Court to announce action.

RCW 38.38.436 [Art. 53] Court to announce action.A court martial shall announce its findings and sentence to the parties as soon as determined.[ 1963 c 220 § 55.]
WA Rev Code § 38.38.440 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.440 - Record of trial.

RCW 38.38.440 [Art. 54] Record of trial.(1) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.(2) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the governor may prescribe.(3)(a) A complete record of the proceedings and testimony shall be prepared:(i) In each general court-martial case in which the sentence adjudged includes a dismissal, a discharge, or, if the sentence adjudged does not include a discharge, any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and(ii) In each special court-martial case in which the sentence adjudged includes a dishonorable discharge.(b) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the governor.(4) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.[ 1989 c 48 § 50; 1963 c 220 § 56.]
WA Rev Code § 38.38.480 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.480 - Cruel and unusual punishments prohibited.

RCW 38.38.480 [Art. 55] Cruel and unusual punishments prohibited.Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.[ 1963 c 220 § 57.]
WA Rev Code § 38.38.484 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.484 - Maximum limits—Reduction in pay grade.

RCW 38.38.484 [Art. 56] Maximum limits—Reduction in pay grade.(1) The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.(2) Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable discharge reduces that member to pay grade E-1, effective on the date of that approval.(3) If the sentence of a member who is reduced in pay grade under subsection (2) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (2) of this section, the rights and privileges of which the member was deprived because of that reduction shall be restored and the member is entitled to the pay and allowances to which the member would have been entitled for the period the reduction was in effect, had he or she not been so reduced.[ 1989 c 48 § 51; 1963 c 220 § 58.]
WA Rev Code § 38.38.488 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.488 - Effective date of sentences.

RCW 38.38.488 [Art. 57] Effective date of sentences.(1) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under RCW 38.38.536.(2) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is ordered to be executed by the convening authority, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.(3) All other sentences of courts-martial are effective on the date ordered executed.(4) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.[ 1989 c 48 § 52; 1963 c 220 § 59.]
WA Rev Code § 38.38.492 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.492 - Execution of confinement.

RCW 38.38.492 [Art. 58] Execution of confinement.(1) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.(2) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.(3) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under RCW 38.38.080, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.[ 1989 c 48 § 53; 1963 c 220 § 60.]