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WV Code § 15-1E-9 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-9. Imposition of Restraint

(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits. Confinement is the physical restraint of a person.(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this article. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.(c) A commissioned officer, a warrant officer, or a civilian subject to this article or to trial there under may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.(d) No person may be ordered into arrest or confinement except for probable cause.(e) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
WV Code § 15-1E-10 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-10. Restraint of Persons Charged With Offenses

Any person subject to this article charged with an offense under this article may be ordered into arrest or confinement, as circumstances may require. When any person subject to this article is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
WV Code § 15-1E-11 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-11. Place of Confinement; Reports and Receiving of Prisoners

(a) If a person subject to this article is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility.(b) No person authorized to receive prisoners pursuant to section may refuse to receive or keep any prisoner committed to the person's charge by a commissioned officer of the state military forces, when the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.(c) Every person authorized to receive prisoners pursuant to section to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
WV Code § 15-1E-12 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-12. Confinement With Enemy Prisoners Prohibited

No member of the state military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the Armed Forces.
WV Code § 15-1E-13 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-13. Punishment Prohibited Before Trial

No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances required to insure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
WV Code § 15-1E-14 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-14. Delivery of Offenders to Civil Authorities

(a) A person subject to this article accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement.(b) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to the place of original custody for the completion of the person's sentence.
WV Code § 15-1E-16 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-16. Courts-Martial Classified

§15-1E-16. Courts-martial classified.The three kinds of courts-martial in the state military forces are:(1) General courts-martial, consisting of:(A) A military judge and not less than five members; or(B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;(2) Special courts-martial, consisting of:(A) A military judge and not less than three members; or(B) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in subdivision (1) of this section so requests; and(3) Summary courts-martial, consisting of one commissioned officer.
WV Code § 15-1E-17 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-17. Jurisdiction of Courts-Martial in General

Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this article. Additionally, the Army and Air National Guard state military forces have court-martial jurisdiction over all members subject to this article.
WV Code § 15-1E-18 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-18. Jurisdiction of General Courts-Martial

Subject to section seventeen of this article, general courts-martial have jurisdiction to try persons subject to this article for any offense made punishable by this article, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this article.
WV Code § 15-1E-19 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-19. Jurisdiction of Special Courts-Martial

Subject to section seventeen, special courts-martial have jurisdiction to try persons subject to this article for any offense made punishable by this article, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this article except dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
WV Code § 15-1E-20 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-20. Jurisdiction of Summary Courts-Martial

(a) Subject to section seventeen of this article, summary courts-martial have jurisdiction to try persons subject to this article, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor may prescribe.(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this article except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.
WV Code § 15-1E-22 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-22. Who May Convene General Courts-Martial

§15-1E-22. Who may convene general courts-martial.(a) General courts-martial may be convened by:(1) The Governor;(2) The Adjutant General;(3) The commanding officer of a force of the state military forces;(4) The commanding officer of a division or a separate brigade; or(5) The commanding officer of a separate wing.(b) If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
WV Code § 15-1E-23 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-23. Who May Convene Special Courts-Martial

(a) Special courts-martial may be convened by:(1) Any person who may convene a general court-martial;(2) The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;(3) The commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;(4) The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or(5) The commanding officer or officer in charge of any other command when empowered by The Adjutant General.(b) If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
WV Code § 15-1E-24 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-24. Who May Convene Summary Courts-Martial

(a) Summary courts-martial may be convened:(1) By any person who may convene a general or special court-martial;(2) The commanding officer of a detached company or other detachment, or corresponding unit of the Army;(3) The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or(4) The commanding officer or officer in charge of any other command when empowered by The Adjutant General.(b) When only one commissioned officer is present with a command or detachment that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. Summary courts-martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.
WV Code § 15-1E-25 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-25. Who May Serve on Courts-Martial

(a) Any commissioned officer of the state military forces is eligible to serve on all courts-martial for the trial of any person subject to this article.(b) Any warrant officer of the state military forces is eligible to serve on general and special courts-martial for the trial of any person subject to this article, other than a commissioned officer.(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 subject to this article, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under subsection (a), section thirty-nine of this article prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. In this section, "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.(d) When it can be avoided, no person subject to this article may be tried by a court-martial any member of which is junior to the accused in rank or grade.(e) When convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial when that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.(f) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.
WV Code § 15-1E-26 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-26. Military Judge of a General or Special Court-Martial

(a) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.(b) A military judge shall be:(1) An active or retired commissioned officer of an organized state military force;(2) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years; and(3) Certified as qualified for duty as a military judge by the senior force judge advocate which is the same force as the accused.(c) In the instance when a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the senior force judge advocate which is the same force as the accused setting forth such qualifications provided in subsection (b).(d) The military judge of a general or special court-martial shall be designated by the senior force judge advocate which is the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor any 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.(e) No person is 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.(f) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court.
WV Code § 15-1E-27 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-27. Detail of Trial Counsel and Defense Counsel

(a) For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, 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.(b) Except as provided in subsection (c), trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate as defined in section one of this article and in the case of trial counsel, a member in good standing of the bar of the Supreme Court of Appeals of West Virginia.(c) In the instance when a defense counsel is not a member of the bar of the highest court of the 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:(1) A commissioned officer of the Armed Forces of the United States or a component thereof; and(2) A member in good standing of the bar of the highest court of a state; and(3) A certified as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps; or(4) A judge advocate as defined in section one of this article.
WV Code § 15-1E-28 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-28. Detail or Employment of Reporters and Interpreters

Under such regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.
WV Code § 15-1E-29 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-29. Absent and Additional Members

(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless 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.(b) Whenever a general court-martial, other than a general court-martial composed of a military judge only, 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 the applicable minimum number of five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.(c) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides.(d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of paragraph (b), subdivision (1) or paragraph (b), subdivision (2) of section sixteen of this article, 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.
WV Code § 15-1E-30 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-30. Charges and Specifications

§15-1E-30. Charges and specifications.(a) Charges and specifications shall be signed by a person subject to this article under oath before a commissioned officer authorized by subsection (a), section one hundred thirty-six of this article 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 as soon as practicable.
WV Code § 15-1E-31 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 1E. Code of Military Justice|§15-1E-31. Compulsory Self-Incrimination Prohibited

(a) No person subject to this article may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.(b) No person subject to this article may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.(c) No person subject to this article may 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 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.