reglab/housing_qa huggingface dataset:
CO Code § 28-3.1-206 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-206. Who May Convene General Courts-Martial

 General courts-martial may be convened by the governor; the adjutant general for the Colorado National Guard; any general officer in the position of the assistant adjutant general for the Colorado Army National Guard; the assistant adjutant general for the Colorado Air National Guard; the assistant adjutant general for the space, cyber, and missile defense for the Colorado National Guard; the land component commander for the Colorado Army National Guard; or the wing commander for the Colorado Air National Guard.   History. Source: L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 91: Entire section amended, p. 1377, § 3, effective April 1. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 746, § 10, effective April 2.
CO Code § 28-3.1-207 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-207. Who May Convene Special Courts-Martial

 [ ] The commanding officer of a garrison, fort, post, camp, air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or any group of detached units placed under a command for this purpose may convene special courts-martial. In the Colorado Army National Guard, special courts-martial convening authorities include any officer with the grade of O-6 or rank of colonel serving as the commander of a major subordinate command. In the Colorado Air National Guard, special courts-martial convening authorities include group commanders. Special courts-martial may also be convened by superior authority. When any such commanding officer is an accuser, the court shall be convened by superior authority.  Editor's note: This version of this section is effective until notice to the revisor of statutes that the Space National Guard is created is received. See editor's note following this section.  History. Source: L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 91: Entire section amended, p. 1378, § 4, effective April 1. L. 2018: Entire section amended,(SB 18-135), ch. 95, p. 746, § 11, effective April 2. L. 2021: Entire section amended,(HB 21-1231), ch. 206, p. 1078, § 8, effective (see editor's note).    Editor's note:   Section 15(2) of chapter 206 (HB 21-1231), Session Laws of Colorado 2021, provides that changes to this section take effect only if the federal government creates the Space National Guard in the “FY 2022 National Defense Authorization Act” and take effect on the date identified in the written notice from the resource and legislative director of the department of military and veterans affairs to the revisor of statutes, as required in section 28-5-703.5 , that the Space National Guard was created or, if the notice does not specify that date, on the date of the notice to the revisor of statutes, or on May 28, 2021, whichever is later. As of publication date, the revisor of statutes had not received the written notice.
CO Code § 28-3.1-207 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-207. Who May Convene Special Courts-Martial

 [ ] The commanding officer of a garrison, fort, post, camp, air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or any group of detached units placed under a command for this purpose may convene special courts-martial. In the Colorado Army National Guard, special courts-martial convening authorities include any officer with the grade of O-6 or rank of colonel serving as the commander of a major subordinate command. In the Colorado Air National Guard, special courts-martial convening authorities include group commanders. In the Colorado Space National Guard, special courts-martial convening authorities include delta commanders. Special courts-martial may also be convened by superior authority. When any such commanding officer is an accuser, the court shall be convened by superior authority.  Editor's note: This version of this section is effective upon notice to the revisor of statutes that the Space National Guard is created. See editor's note following this section.  History. Source: L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 91: Entire section amended, p. 1378, § 4, effective April 1. L. 2018: Entire section amended,(SB 18-135), ch. 95, p. 746, § 11, effective April 2. L. 2021: Entire section amended,(HB 21-1231), ch. 206, p. 1078, § 8, effective (see editor's note).
CO Code § 28-3.1-208 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-208. Who May Convene Summary Courts-Martial

  The commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, battalion, squadron, company, or other detachment may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.    When only one commissioned officer is present with a command or detachment, he or she shall be the summary court-martial of that command or detachment and shall hear and determine all summary courts-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior authority.     History. Source: L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 2002: (2) amended, p. 606, § 70, effective May 24.
CO Code § 28-3.1-209 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-209. Who May Serve on Courts-Martial

  Any commissioned officer off or on duty with the military forces is eligible to serve on all courts-martial for the trial of any person subject to this code.    Any warrant officer off or on duty with the military forces is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer.      Any enlisted member of the 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, but he or she shall serve as a member of a court only if, before convening of the court, the accused personally has requested in writing that enlisted members serve on it. After such request, the accused shall 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 because of physical conditions or military exigencies. If enlisted 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 enlisted members could not be obtained.    As used in this section, “unit” means any regularly organized body of the military forces not larger than a company, a squadron, or a body corresponding to one of them.         No person subject to this code may be tried by a court-martial of which any member is junior to him or her in rank or grade, unless it cannot be avoided and then only by order of the governor.    When convening a court-martial, the convening authority shall detail as members thereof those persons 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 is eligible to serve as a member of a general or special court-martial when he or she 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 in good standing of the bar of this state and of appropriate rank and grade, the convening authority may appoint him or her as president of a general or special court-martial.        History. Source: L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 2002: (3)(a) and (4) amended, p. 607, § 71, effective May 24. L. 2018: (4)(b) amended, (SB 18-135), ch. 95, p. 746, § 12, effective April 2.
CO Code § 28-3.1-210 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-210. Military Judge of a General or Special Court-Martial

     The authority convening a general or special court-martial shall request the state judge advocate general to detail as military judge thereof a commissioned officer who is a member in good standing of the bar of this state. No person is eligible to act as military judge in a case if he or she is the accuser or witness for the prosecution or has acted as investigating officer or as counsel in the same case.    A military judge may be detailed to a court-martial irrespective of military branch when permitted by the state judge advocate.       The military judge may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he or she vote with the members of the court.     History. Source: L. 83: Entire article added, p. 1171, § 1, effective June 10. L. 2002: Entire section amended, p. 607, § 72, effective May 24. L. 2018: (1) amended, (SB 18-135), ch. 95, p. 746, § 13, effective April 2.
CO Code § 28-3.1-211 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-211. Detail of Trial and Defense Counsel

  For each general or special court-martial, the authority convening the court shall request the state judge advocate general to detail trial counsel and defense counsel and assistants as he or she considers appropriate. No person who has acted as investigating officer, military judge, 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.    Trial counsel and defense counsel for a general or special court-martial must be members in good standing of the bar of this state and judge advocates appointed pursuant to section 28-3.1-106 (2).     History. Source: L. 83: Entire article added, p. 1171, § 1, effective June 10. L. 2002: (1) amended, p. 608, § 73, effective May 24. L. 2018: (2) amended, (SB 18-135), ch. 95, p. 747, § 14, effective April 2.
CO Code § 28-3.1-212 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-212. Detail or Employment of Reporters and Interpreters

 The convening authority of a general court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of testimony taken before that court or, in the alternative, may utilize sound recording equipment. The convening authority of a special court-martial may detail or employ qualified court reporters who shall record the proceedings of testimony taken before that court. The convening authority of a military court may appoint interpreters who shall interpret for the court.   History. Source: L. 83: Entire article added, p. 1171, § 1, effective June 10.
CO Code § 28-3.1-213 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-213. Absent and Additional Members

  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.    Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority appoints 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 military judge, the accused, and counsel.    Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial may 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.     History. Source: L. 83: Entire article added, p. 1172, § 1, effective June 10.
CO Code § 28-3.1-214 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-214. Charges and Specifications

  Charges and specifications shall be signed by an accuser subject to this code, under oath, before a commissioned officer of the state military force authorized to administer oaths and shall state:   That the signer has personal knowledge of, or has investigated, the matters set forth therein; and    That they are true in fact to the best of his or her knowledge and belief.       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 accused shall be informed of the charges against him or her as soon as practicable.     History. Source: L. 83: Entire article added, p. 1172, § 1, effective June 10. L. 2002: (1)(b) and (2) amended, p. 608, § 74, effective May 24.
CO Code § 28-3.1-215 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-215. Compulsory Self-Incrimination Prohibited

  No person subject to this code 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.    No person subject to this code 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 he or she does not have to make any statement regarding the offense of which he or she is accused or suspected, that any statement made by the person may be used as evidence against him or her in a trial by court-martial, that the person has a right to consult with a lawyer, that the person has a right to have a lawyer, and that upon the person's request a lawyer will be provided him or her without cost or, if the person prefers, he or she may retain counsel of his or her choice at his or her own expense.    No person subject to this code 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 compelled.    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 such person in a trial by court-martial.    The requirements of this section are binding on all persons administering this code, but failure to follow them shall not divest a military court of jurisdiction.     History. Source: L. 83: Entire article added, p. 1172, § 1, effective June 10. L. 2002: (1), (2), and (4) amended, p. 608, § 75, effective May 24.
CO Code § 28-3.1-216 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-216. Investigation

  No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all 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.    The accused shall be advised of the charges against him or her and of his or her right to be represented by civilian counsel if provided by him or her, or by military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the state judge advocate. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available 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.    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 (2) of this section, no further investigation of that charge is necessary under this section, unless it is demanded by the accused after he or she 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 his or her own behalf.    The requirements of this section are binding on all persons administering this code, but failure to follow them shall not divest a military court of jurisdiction.     History. Source: L. 83: Entire article added, p. 1173, § 1, effective June 10. L. 86: (1) amended, p. 1015, § 3, effective July 1. L. 2002: (2) and (3) amended, p. 608, § 76, effective May 24.
CO Code § 28-3.1-217 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-217. 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 officer exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that officer the reasons for delay.   History. Source: L. 83: Entire article added, p. 1173, § 1, effective June 10.
CO Code § 28-3.1-218 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-218. Advice of State Judge Advocate and Reference for Trial

  Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate general for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.    If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications needed to make them conform to the evidence may be made.     History. Source: L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: (1) amended, p. 609, § 77, effective May 24.
CO Code § 28-3.1-219 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 2 - Courts-Martial|§ 28-3.1-219. 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. No person shall, against his or her objection, be brought to trial or be required to participate by himself or herself or by counsel in a session called by the military judge under section 28-3.1-304 before a general court-martial within five days after the service of the charges upon him or her, or before a special court-martial within three days after the service of the charges upon him or her.   History. Source: L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: Entire section amended, p. 609, § 78, effective May 24.
CO Code § 28-3.1-301 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-301. General Procedures

 The procedure, including modes of proof, in cases before military courts and other military tribunals, may be prescribed by the governor by regulation and shall so far as practicable be the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of Colorado and in the trial of courts-martial of the United States, but such procedure may not be contrary to or inconsistent with this code.   History. Source: L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: (3) amended, p. 362, § 24, effective July 1.
CO Code § 28-3.1-302 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 3 - Trial Procedure|§ 28-3.1-302. Unlawfully Influencing Action of Court

  No authority convening a general, special, or summary court-martial, nor any other commanding officer or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of their functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to his or her judicial acts. The provisions of this subsection (1) shall not apply to general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or to statements and instructions given in open court by the military judge or counsel.    In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces should be retained on duty, no person subject to this code may, in preparing any such report:   Consider or evaluate the performance of duty of any such member as a member, military judge, or trial counsel of a court-martial; except that this paragraph (a) is not applicable to evaluations made by the state judge advocate of the performance of personnel under his or her supervision;    Give a less favorable rating or evaluation of any member of the military forces because of the zeal with which such member as counsel represented any accused before a court-martial.        History. Source: L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: (1) and (2)(a) amended, p. 609, § 79, effective May 24.