reglab/housing_qa huggingface dataset:
WA Rev Code § 38.38.256 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.256 - Military judge of a general or special court-martial.

RCW 38.38.256 [Art. 26] Military judge of a general or special court-martial.(1) A military judge shall be detailed to each general court-martial. Subject to regulations of the governor, a military judge may be detailed to any special court-martial. The governor shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he or she has been detailed.(2) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a federal court or a member of the bar of the highest court of a state and who is certified to be qualified for duty as a military judge by the state judge advocate.(3) The military judge of a general court-martial shall be designated by the state judge advocate or a designee for detail in accordance with regulations prescribed under subsection (1) of this section. Unless the court-martial was convened by the governor, neither the convening authority nor any member of the staff 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. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he or she is assigned and directly responsible to the state judge advocate or designee, and may perform duties of a judicial or nonjudicial nature other than those relating to the primary duty as a military judge of a general court-martial when such duties are assigned by or with the approval of the state judge advocate or designee.(4) No person is eligible to act as military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.(5) 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 may the military judge vote with the members of the court.[ 1989 c 48 § 26; 1963 c 220 § 28.]
WA Rev Code § 38.38.258 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.258 - Military judges—Qualifications.

RCW 38.38.258 [Art. 26a] Military judges—Qualifications.A military judge must be a judge advocate. The adjutant general shall prescribe procedures for certifying, appointing, detailing, and removing military judges.[ 2009 c 378 § 6.]
WA Rev Code § 38.38.260 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.260 - Detail of trial counsel and defense counsel.

RCW 38.38.260 [Art. 27] Detail of trial counsel and defense counsel.(1)(a) 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 governor shall prescribe 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.(b) 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 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.(2) Trial counsel or defense counsel detailed for a general court-martial:(a) Must 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, or must be a member of the bar of a federal court or of the highest court of a state; and(b) Must be certified as competent to perform such duties by the state judge advocate.(3) In the case of a special court-martial:(a) The accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under subsection (2) of this section unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;(b) 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(c) If the trial counsel is a judge advocate or a member of the bar of a federal court or the highest court of a state, the defense counsel detailed by the convening authority must be one of the foregoing.[ 1991 c 43 § 6; 1989 c 48 § 27; 1963 c 220 § 29.]
WA Rev Code § 38.38.264 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.264 - Detail or employment of reporters and interpreters.

RCW 38.38.264 [Art. 28] Detail or employment of reporters and interpreters.Under such regulations as the governor may prescribe, 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 regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.[ 1963 c 220 § 30.]
WA Rev Code § 38.38.268 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.268 - Absent and additional members.

RCW 38.38.268 [Art. 29] Absent and additional members.(1) 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.(2) 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 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.(3) 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 previously been introduced 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, if any, the accused, and counsel for both sides.(4) 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 RCW 38.38.172(2) (a) or (b), 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.[ 1989 c 48 § 28; 1963 c 220 § 31.]
WA Rev Code § 38.38.308 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.308 - Charges and specifications.

RCW 38.38.308 [Art. 30] Charges and specifications.(1) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:(a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and(b) That they are true in fact to the best of his or her knowledge and belief.(2) 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 him or her as soon as practicable.[ 1989 c 48 § 29; 1963 c 220 § 32.]
WA Rev Code § 38.38.312 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.312 - Compulsory self-incrimination prohibited.

RCW 38.38.312 [Art. 31] Compulsory self-incrimination prohibited.(1) No person subject to this code may compel a person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate himself or herself.(2) 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 that the person does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by the person may be used as evidence against him or her in a trial by court-martial.(3) 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.(4) 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.[ 2009 c 378 § 15; 1989 c 48 § 30; 1963 c 220 § 33.]
WA Rev Code § 38.38.316 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.316 - Investigation.

RCW 38.38.316 [Art. 32] Investigation.(1) 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.(2) The accused shall be advised of the charges against him or her and of the right to be represented at that investigation by counsel. The accused has a right to be represented at that investigation as provided in RCW 38.38.376 and in regulations prescribed under that section.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 the person 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.(3) 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 being 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.(4) If evidence adduced in an investigation under this chapter indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused:(a) Is present at the investigation;(b) Is informed of the nature of each uncharged offense investigated; and(c) Is afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (2) of this section.(5) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.[ 2009 c 378 § 16; 1989 c 48 § 31; 1963 c 220 § 34.]
WA Rev Code § 38.38.320 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.320 - Forwarding of charges.

RCW 38.38.320 [Art. 33] 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 officer shall report in writing to the governor the reasons for delay.[ 1989 c 48 § 32; 1963 c 220 § 35.]
WA Rev Code § 38.38.324 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.324 - Advice of state judge advocate and reference for trial.

RCW 38.38.324 [Art. 34] Advice of state judge advocate and reference for trial.(1) 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 he or she has found that the charge alleges an offense under this code, is warranted by evidence indicated in the report of the investigation under RCW 38.38.316, if there is such a report, and the court-martial would have jurisdiction over the accused and the offense.(2) The advice of the staff judge advocate under subsection (1) of this section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate:(a) Expressing conclusions with respect to each matter set forth in subsection (1) of this section; and(b) Recommending action that the convening authority take regarding the specification.If the specification is referred for trial, the recommendation of the state judge advocate shall accompany the specification.(3) 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.[ 1989 c 48 § 33; 1963 c 220 § 36.]
WA Rev Code § 38.38.328 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.328 - Service of charges.

RCW 38.38.328 [Art. 35] 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 his or her objection, be brought to trial or be required to participate by himself or herself or counsel in a session called by a military judge under RCW 38.38.380(1), in a general court-martial within a period of five days after the service of the charges upon him or her, or before a special court-martial within a period of three days after the service of the charges upon him or her.[ 2011 c 336 § 769; 1989 c 48 § 34; 1963 c 220 § 37.]
WA Rev Code § 38.38.368 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.368 - Governor may prescribe rules.

RCW 38.38.368 [Art. 36] Governor may prescribe rules.The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as the governor considers practicable, 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 code.[ 1989 c 48 § 35; 1963 c 220 § 38.]
WA Rev Code § 38.38.372 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.372 - Unlawfully influencing action of court.

RCW 38.38.372 [Art. 37] Unlawfully influencing action of court.(1) 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 its or his or her 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 the 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 judicial acts. The foregoing provisions of this section shall not apply with respect to (a) 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 (b) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.(2) 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 organized militia is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the organized militia, or in determining whether a member of the organized militia should be retained on active duty, no person subject to this chapter may, in preparing any such report (a) consider or evaluate the performance of duty of any such member of a court-martial, or (b) give a less favorable rating or evaluation of any member of the organized militia because of the zeal with which such member, as counsel, represented any accused before a court-martial.[ 1989 c 48 § 36; 1963 c 220 § 39.]
WA Rev Code § 38.38.380 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.380 - Sessions.

RCW 38.38.380 [Art. 39] Sessions.(1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to RCW 38.38.328, call the court into session without the presence of the members for the purpose of:(a) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;(b) Hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;(c) Holding the arraignment and receiving the pleas of the accused; and(d) Performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to RCW 38.38.368 and which does not require the presence of the members of the court.These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record.(2) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.[ 1989 c 48 § 38; 1963 c 220 § 41.]
WA Rev Code § 38.38.384 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.384 - Continuances.

RCW 38.38.384 [Art. 40] Continuances.The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.[ 1989 c 48 § 39; 1963 c 220 § 42.]
WA Rev Code § 38.38.388 (2021)
2021 Revised Code of Washington|Title 38 - Militia and Military Affairs|Chapter 38.38 - Washington Code of Military Justice.|38.38.388 - Challenges.

RCW 38.38.388 [Art. 41] Challenges.(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or, if none, the court shall determine the relevance and validity of challenges for cause and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.(2) If exercise of a challenge for cause reduces the court below the minimum number of members required by RCW 38.38.172, all parties shall, notwithstanding RCW 38.38.268, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.(3) Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.(4) If exercise of a peremptory challenge reduces the court below the minimum number of members required by RCW 38.38.172, the parties shall, notwithstanding RCW 38.38.268, either exercise or waive any remaining peremptory challenge, that has not been previously waived, against the remaining members of the court before additional members are detailed to the court.(5) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.[ 2009 c 378 § 18; 1989 c 48 § 40; 1963 c 220 § 43.]