reglab/housing_qa huggingface dataset:
44 OK Stat § 44-817 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-817. Jurisdiction of courts-martial in general.

|ARTICLE 17. Jurisdiction of courts-martial in general. |A. Each force component shall have court-martial jurisdiction over all persons subject to the Oklahoma Uniform Code of Military Justice. The exercise of jurisdiction by one force component over personnel of the other force component shall be in accordance with regulations promulgated by the Adjutant General.B. In all cases, the force component review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under the Code, shall be carried out by the same force component of which the accused is a member.Added by Laws 2019, c. 408, § 23, eff. Oct. 1, 2019.
44 OK Stat § 44-818 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-818. General courts-martial.

|ARTICLE 18. General courts-martial. |Subject to Section 817 of this title (Article 17), general courts-martial shall have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under such limitations as the Governor or Adjutant General may prescribe by regulation, adjudge any punishment not forbidden by the Code.Added by Laws 2019, c. 408, § 24, eff. Oct. 1, 2019.
44 OK Stat § 44-819 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-819. Jurisdiction of special courts-martial.

|ARTICLE 19. Jurisdiction of special courts-martial. |A. Subject to Section 817 of this title (Article 17), special courts-martial have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under such limitations prescribed by regulation promulgated by the Governor or Adjutant General, adjudge any punishment not forbidden by the Code except dishonorable discharge, dismissal, confinement for more than one (1) year, forfeiture of pay exceeding two-thirds (2/3) pay per month, or forfeiture of pay for more than one (1) year.B. Neither confinement for more than six (6) months, nor forfeiture of pay for more than six (6) months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under subparagraph a of paragraph 2 of subsection C of Section 816 of this title (Article 16, subsection C, paragraph 2, subparagraph a).Added by Laws 2019, c. 408, § 25, eff. Oct. 1, 2019.
44 OK Stat § 44-821 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-821. Reserved.

|RESERVED. |Added by Laws 2019, c. 408, § 27, eff. Oct. 1, 2019.
44 OK Stat § 44-822 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-822. Who may convene general courts-martial.

|ARTICLE 22. Who may convene general courts-martial. |A. General courts-martial may be convened by:1. The Governor;2. The Adjutant General;3. Any other commanding officer in the state military forces designated by the Adjutant General; or4. Any other commanding officer in the state military forces designated by the Governor.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 authority if considered desirable by that superior authority.Added by Laws 2019, c. 408, § 28, eff. Oct. 1, 2019.
44 OK Stat § 44-823 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-823. Who may convene special courts-martial.

|ARTICLE 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 brigade in the army component of state military forces;3. The commanding officer of a wing in the air component of state military forces; or4. Any other commanding officer designated 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 authority if considered desirable by that superior authority.Added by Laws 2019, c. 408, § 29, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 14, emerg. eff. April 13, 2021.
44 OK Stat § 44-824 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-824. Who may convene summary courts-martial.

|ARTICLE 24. Who may convene summary courts-martial. |A. Summary courts-martial may be convened by:1. Any person who may convene a general or special court-martial;2. The commanding officer of a battalion in the army component of state military forces;3. The commanding officer of a group in the air component of state military forces; or4. Any other commanding officer designated 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 authority if considered desirable by that superior authority.Added by Laws 2019, c. 408, § 30, eff. Oct. 1, 2019.
44 OK Stat § 44-825 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-825. Who may serve on courts-martial.

|ARTICLE 25. Who may serve on courts-martial. |A. Any commissioned officer who is a member of the same force component as the accused 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 who is a member of the same force component as the accused is eligible to serve on general and 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. 1. Any enlisted member from the same force component as the accused is eligible to serve on a general or special court-martial for the trial of an enlisted member.2. Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that:a.the membership of the court-martial be comprised entirely of officers, orb.enlisted members comprise at least one-third (1/3) of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.3. After such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.D. The accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.E. 1. No person subject to the Oklahoma Uniform Code of Military Justice may be tried by a court-martial any member of which is junior to him or her in rank or grade.2. When convening a court-martial, the convening authority shall detail as members thereof such members of the same force component as the accused as, in his or her 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 force is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness or has acted as preliminary hearing officer or as counsel in the same case.3. The convening authority shall detail not less than the number of members necessary to impanel the court-martial under Section 829 of this title (Article 29).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. Under regulations promulgated by the Adjutant General, the convening authority may delegate his or her authority under this subsection to his or her staff judge advocate, to an assistant staff judge advocate or to any other principal assistant.Added by Laws 2019, c. 408, § 31, eff. Oct. 1, 2019.
44 OK Stat § 44-826A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-826A. Military magistrates.

|ARTICLE 26A. Military magistrates. |A. Qualifications. A military magistrate:1. Shall be a member of the bar of a federal court or a member of the bar of the highest court of a state and may be a commissioned officer of the state military forces; and2. Shall be certified to be qualified, by reason of education, training, experience and judicial temperament, for duty as a military magistrate by the State Judge Advocate.B. Limitations.1. Neither the State Judge Advocate nor a senior force component judge advocate shall be detailed or appointed as a military magistrate.2. When performing the duties provided for in subsection C of Section 17 of this act (Article 30A, subsection C), no person shall be eligible to act as a military magistrate in a case where such person serves as an Assistant Attorney General, district attorney, assistant district attorney or municipal prosecutor who could determine or participate in the determination of whether to prosecute a nonmilitary offense when the act or omission in question could have violated both the Oklahoma Uniform Code of Military Justice and state or local criminal laws.3. When performing the duties provided for in subsection C of this section, no person shall be eligible to act as a military magistrate in a case where such person served as an Assistant Attorney General, district attorney, assistant district attorney or municipal prosecutor who determined or participated in the determination of whether to prosecute a nonmilitary offense when the act or omission in question could have violated both the Oklahoma Uniform Code of Military Justice and state or local criminal laws.4. Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military magistrate so detailed or retained which relates to the military magistrate's performance of duty as a military magistrate.5. A person shall not act as a military magistrate in any case that he or she is the accuser, a witness or has acted as counsel in the same case.C. Appellate remand. A military magistrate may be detailed or retained pursuant to this section for purposes of conducting an appellate proceeding on behalf of the Military Court of Appeals ordered pursuant to paragraph 3 of subsection J of Section 866 of Title 44 of the Oklahoma Statutes (Article 66, subsection J, paragraph 3).D. Duties. In accordance with regulations promulgated by the Adjutant General, in addition to duties when detailed under Section 17 of this act (Article 30A), a military magistrate, who is also a commissioned officer of the state military forces, may be assigned to perform other duties of a nonjudicial nature.E. The compensation of a military magistrate retained pursuant to this section who is not a member of the Oklahoma National Guard shall be established pursuant to regulations promulgated by the Adjutant General. Such regulations may allow for payment of actual and necessary expenses.Added by Laws 2021, c. 12, § 16, emerg. eff. April 13, 2021.
44 OK Stat § 44-827 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-827. Detail of trial counsel and defense counsel.

|ARTICLE 27. Detail of trial counsel and defense counsel. |A. 1. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Adjutant General shall promulgate regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.2. No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve 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. Trial counsel, defense counsel, or assistant defense counsel detailed for a general or a special court-martial:1. Shall be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a federal court or of the highest court of a state; and2. Shall be certified as competent to perform such duties by the senior force component judge advocate of the same force component of the state military forces of which he or she is a member.C. Any costs arising from the detailing of a military defense counsel from a National Guard organization other than the Oklahoma National Guard may be reimbursed out of funds available in the Military Justice Fund established in Section 941 of this title.Added by Laws 2019, c. 408, § 34, eff. Oct. 1, 2019.
44 OK Stat § 44-828 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-828. Detail or employment of reporters and interpreters.

|ARTICLE 28. Detail or employment of reporters and interpreters. |Under such regulations as the Adjutant General may prescribe, the convening authority of a court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a court-martial or court of inquiry may detail or employ interpreters who shall interpret for the court.Added by Laws 2019, c. 408, § 35, eff. Oct. 1, 2019.
44 OK Stat § 44-829 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-829. Assembly and impaneling of members - Detail of new members and military judges.

|ARTICLE 29. Assembly and impaneling of members; detail of new members and military judges. |A. The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused:1. As a result of a challenge;2. Under subparagraph b of paragraph 1 of subsection B of this section; or3. By order of the military judge or the convening authority for disability or other good cause.B. 1. Under rules promulgated by the Adjutant General, the military judge of a general or special court-martial with members shall:a.after determination of challenges, impanel the court-martial, andb.excuse the members who, having been assembled, are not impaneled.2. In a general court-martial, the military judge shall impanel eight members.3. In a special court-martial, the military judge shall impanel four members.C. In addition to members specified in subsection B of this section, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.D. 1. If, after members are impaneled, the membership of the court-martial is reduced to:a.fewer than six members with respect to a general court-martial, orb.fewer than four members with respect to a special court-martial,the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph 2 of this subsection.2. The membership referred to in paragraph 1 of this subsection is as follows:a.at least six but not more than eight members with respect to a general court-martial, andb.four members with respect to a special court-martial.E. If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.F. 1. In the case of new members detailed under subsection D of this section, the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.2. In the case of a new military judge under subsection E of this section, the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.Added by Laws 2019, c. 408, § 36, eff. Oct. 1, 2019.
44 OK Stat § 44-830 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-830. Charges and specifications.

|ARTICLE 30. Charges and specifications. |A. Charges and specifications:1. May be preferred only by a person subject to the Oklahoma Uniform Code of Military Justice; and2. Shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.B. The writing specified in paragraph 2 of subsection A of this section shall state that the signer:1. Has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and2. The matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.C. When charges and specifications are preferred under subsection A of this section, the proper authority shall, as soon as practicable:1. Inform the person accused of the charges and specifications; and2. Determine what disposition should be made of the charges and specifications in the interest of justice and discipline.Added by Laws 2019, c. 408, § 37, eff. Oct. 1, 2019.
44 OK Stat § 44-830A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-830A. Certain proceedings conducted before referral.

|ARTICLE 30A. Certain proceedings conducted before referral. |A. In general.1. Proceedings may be conducted to review or otherwise act on the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations promulgated by the Adjutant General:a.prereferral investigative subpoenas,b.prereferral warrants or orders for electronic communications, andc.prereferral matters under subsection D of Section 806B of Title 44 of the Oklahoma Statutes (Article 6B, subsection D).2. The regulations promulgated under paragraph 1 of this subsection shall:a.include procedures for the review of such rulings that may be ordered under this section as the Adjutant General considers appropriate, andb.provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.3. If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military trial judge detailed to the court-martial.B. Detail of military trial judge. The Adjutant General shall promulgate regulations providing for the manner in which military trial judges are detailed to proceedings under subsection A of this section.C. Detail or employment of military magistrate. The Adjutant General may promulgate regulations providing for the detailing or employment of military magistrates who, other than a proceeding described in subparagraph a of paragraph 1 of subsection A of this section, may preside over the proceedings provided for in subparagraphs b and c of paragraph 1 of subsection A of this section.Added by Laws 2021, c. 12, § 17, emerg. eff. April 13, 2021.
44 OK Stat § 44-831 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-831. Compulsory self-incrimination prohibited.

|ARTICLE 31. Compulsory self-incrimination prohibited. |A. No person subject to the Oklahoma Uniform Code of Military Justice shall compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.B. No person subject to the Code shall 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 an administrative board proceeding, in nonjudicial punishment, or in a trial by court-martial.C. No person subject to the Code shall compel any person to make a statement or produce evidence in the course of an administrative board proceeding, nonjudicial punishment or 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 an administrative board proceeding, in nonjudicial punishment or in a trial by court-martial.Added by Laws 2019, c. 408, § 38, eff. Oct. 1, 2019.
44 OK Stat § 44-833 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-833. Disposition guidance.

|ARTICLE 33. Disposition guidance. |The Adjutant General shall issue nonbinding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under Sections 830 and 834 of this title (Articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the United States Attorney General to attorneys for the government with respect to disposition of federal criminal cases in accordance with the principle of fair and evenhanded administration of federal criminal law.Added by Laws 2019, c. 408, § 40, eff. Oct. 1, 2019.