reglab/housing_qa huggingface dataset:
HI Rev Stat § 124A-31 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-31 Courts-martial of state military forces not in federal service; composition; jurisdiction; powers and proceedings.

  §124A-31 Courts-martial of state military forces not in federal service; composition; jurisdiction; powers and proceedings. (a) In the state military forces not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.  (b) The three kinds of courts-martial are:  (1) General courts-martial, consisting of a law officer and not less than five members;  (2) Special courts-martial, consisting of not less than three members; and  (3) Summary courts-martial, consisting of one commissioned officer. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-32 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-32 Jurisdiction of courts-martial in general.

  §124A-32 Jurisdiction of courts-martial in general. Each force of the state military forces has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with rules adopted by the governor. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-33 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-33 Jurisdiction of general courts-martial.

  §124A-33 Jurisdiction of general courts-martial. Subject to section 124A-32, general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:  (1) A fine of not more than $200;  (2) Forfeiture of pay and allowances;  (3) A reprimand;  (4) Dismissal or dishonorable discharge;  (5) Reduction of a noncommissioned officer to the ranks; or  (6) Any combination of these punishments. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-34 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-34 Jurisdiction of special courts-martial.

  §124A-34 Jurisdiction of special courts-martial. Subject to section 124A-32, special courts-martial have jurisdiction to try persons subject to this chapter for any offense for which they may be punished under this chapter. A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial may not be more than $100 for a single offense. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-35 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-35 Jurisdiction of summary courts-martial.

  §124A-35 Jurisdiction of summary courts-martial. (a) Subject to section 124A-32, summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, for any offense made punishable by this chapter.  (b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto, unless under section 124A-21 the person has been permitted and has elected to refuse punishment under that section. If objection to trial by summary court-martial is made by an accused who has not been permitted to refuse punishment under section 124A-21, trial shall be ordered by special or general court-martial, as may be appropriate.  (c) A summary court-martial may sentence to a fine of not more than $25 for a single offense, to forfeiture of pay and allowances, and to reduction of a noncommissioned officer to the ranks. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-36 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-36 Sentences of dismissal or dishonorable discharge to be approved by the governor.

  §124A-36 Sentences of dismissal or dishonorable discharge to be approved by the governor. In the organized militia not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-37 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-37 Complete record of proceedings and testimony if dishonorable discharge, bad conduct discharge, or dismissal adjudged.

  §124A-37 Complete record of proceedings and testimony if dishonorable discharge, bad conduct discharge, or dismissal adjudged. A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-38 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-38 Confinement instead of fine.

  §124A-38 Confinement instead of fine. In the state military forces not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-41 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-41 Who may convene general courts-martial.

  §124A-41 Who may convene general courts-martial. In the state military forces not in federal service, general courts-martial may be convened by the governor or by the adjutant general. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-42 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-42 Special courts-martial of state military forces not in federal service; who may convene.

  §124A-42 Special courts-martial of state military forces not in federal service; who may convene. (a) In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.  (b) A special court-martial may not try a commissioned officer. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-43 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-43 Summary courts-martial of state military forces not in federal service; who may convene.

  §124A-43 Summary courts-martial of state military forces not in federal service; who may convene. (a) In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.  (b) When only one commissioned officer is present with a command or detachment the officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before the officer. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by the superior authority. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-44 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-44 Who may serve on courts-martial.

  §124A-44 Who may serve on courts-martial. (a) Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.  (b) Any warrant officer of or on duty with the state military forces is eligible to serve on general or special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.  (c) Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but the enlisted member shall serve as a member of a court only if, before the convening of the court, the accused personally has requested 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 one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.  (d) In this section, the word "unit" means any 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 one of them.  (e) When it can be avoided, no person subject to this chapter may be tried by a court-martial any member of which is junior to the person in rank or grade.  (f) When convening a court-martial, the convening authority shall detail as members thereof such members 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 is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member of the bar of the highest court of the State and of appropriate rank and grade, the convening authority shall appoint the commissioned officer as president of a special court-martial. Although this requirement is binding on the convening authority, failure to meet it in any case does not divest a military court of jurisdiction. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-45 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-45 Law officer of a general court-martial.

  §124A-45 Law officer of a general court-martial. (a) The authority convening a general court-martial shall detail as law officer thereof a commissioned officer who is a member of the bar of the highest court of the State, or a member of the bar of a federal court, and who is certified to be qualified for such duty by the state judge advocate. No person is eligible to act as law officer in a case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.  (b) The law officer may not consult with the members of the court, other than on the form of the findings as provided in section 124A-64, except in the presence of the accused, trial counsel, and defense counsel, nor may the law officer vote with the members of the court. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-46 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-46 Detail of trial counsel and defense counsel.

  §124A-46 Detail of trial counsel and defense counsel. (a) For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the convening authority considers appropriate. No person who has acted as investigating officer, law officer, 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 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.  (b) Trial counsel or defense counsel detailed for a general court-martial:  (1) Must be a person who is a member of the bar of the highest court of the State, or a member of the bar of a federal court;  (2) Must be certified as competent to perform such duties by the state judge advocate.  (c) In the case of a special court-martial:  (1) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and  (2) If the trial counsel is a member of the bar of the highest court of the State, the defense counsel detailed by the convening authority must be one of the foregoing. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-47 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-47 Detail or employment of reporters and interpreters.

  §124A-47 Detail or employment of reporters and interpreters. Under such rules as the governor may adopt, 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 rules the convening authority of a military court may detail or employ interpreters who shall interpret for the court. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-48 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-48 Absent and additional members.

  §124A-48 Absent and additional members. (a) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.  (b) Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the law officer, the accused, and counsel.  (c) Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel. [L 1982, c 171, pt of §2]
HI Rev Stat § 124A-51 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-51 Charges and specifications.

  §124A-51 Charges and specifications. (a) Charges and specifications shall be signed by a person subject to this chapter under oath before a person authorized by this chapter 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 preferring 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 against the accused as soon as practicable. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-52 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-52 Compulsory self-incrimination prohibited.

  §124A-52 Compulsory self-incrimination prohibited. (a) No person subject to this chapter may compel any person to incriminate the person's self or to answer any question the answer to which may tend to incriminate the person.  (b) No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising the 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) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person.  (d) No statement obtained from any person in violation of this section, 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. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-53 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-53 Investigation.

  §124A-53 Investigation. (a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.  (b) The accused shall be advised of the charges against the accused and of the accused's right to be represented at that investigation by counsel. Upon the accused's own request the accused shall be represented by civilian counsel if provided by the accused, or military counsel of the accused's own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against the accused if they are available and to present anything the accused may desire in the accused's own behalf, either in defense or mitigation, and the investigating officer shall examine witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.  (c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in the accused's own behalf.  (d) The requirements of this section are binding on all persons administering this chapter but failure to follow them does not divest a military court of jurisdiction. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-54 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-54 Forwarding of charges.

  §124A-54 Forwarding of charges. When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the governor. If that is not practicable, the commanding officer shall report in writing to the governor the reasons for delay. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-55 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-55 Advice of state judge advocate and reference for trial.

  §124A-55 Advice of state judge advocate and reference for trial. (a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless the convening authority has found that the charge alleges an offense under this chapter and is warranted by evidence indicated in the report of the investigation.  (b) 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. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-56 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-56 Service of charges.

  §124A-56 Service of charges. The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against the person's objection, be brought to trial before a general court-martial within a period of five days after the service of the charges upon the person, or before a special court-martial within a period of three days after the service of the charges upon the person. [L 1982, c 171, pt of §2; gen ch 1985]
HI Rev Stat § 124A-61 (2021)
2021 Hawaii Revised Statutes|Title 10. Public Safety and Internal Security|124A. Hawaii Code of Military Justice|124A-61 Governor to adopt rules.

  §124A-61 Governor to adopt rules. Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial and other military tribunals, and procedures for courts of inquiry, shall be prescribed by the governor by rules, which shall apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the State, but which may not be contrary to or inconsistent with this chapter. [L 1982, c 171, pt of §2]