reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5924.25 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.25 | Service on Courts-Martial.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) Any commissioned officer in a duty status 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 in a duty status 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 of the organized militia in a duty status 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 of the organized militia who may lawfully be brought before such courts for trial if, before the conclusion of a session called by the military judge or, in the absence of a session called by the military judge, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If enough enlisted members cannot be obtained, the court may be assembled and 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.(2) As used in division (C) of this section, "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.(D)(1) If it can be avoided, a person subject to this code shall not be tried by a court-martial, any member of which is junior to the person in rank or grade.(2) When convening a court-martial, the convening authority shall detail as members of the court-martial members of the organized militia who, 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 organized militia is eligible to serve as a member of a general or special court-martial if the member of the organized militia is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
Ohio Rev Code § 5924.26 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.26 | Military Judge.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) A military judge shall be detailed to each general and special court-martial. A military judge shall preside over each open session of the court-martial to which the judge has been detailed. (B) A military judge shall be a commissioned officer of the organized militia who is a member in good standing of the bar of this state and who is certified to be qualified for duty as a military judge by the state judge advocate.(C) The military judge of a general or special court-martial shall be designated by the state judge advocate for detail by the convening authority. Unless the court-martial was convened by the governor or the adjutant general, neither the convening authority nor the convening authority's staff, other than the state judge advocate or deputy state judge advocate, shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge's performance of duty as a military judge.(D) No person is eligible to act as a military judge in a case if the person is the accuser, is a witness for the prosecution, has acted as investigating officer, or is a counsel in the same case.(E) 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.(F) A trial counsel, defense counsel, military judge, legal officer, summary court officer, or any other person from any one component of the organized militia certified by the state judge advocate to perform legal functions under this code may perform those functions, as needed, for any other component of the organized militia.
Ohio Rev Code § 5924.27 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.27 | Trial and Defense Counsel.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) The state judge advocate shall detail trial counsel, defense counsel, and assistants that the state judge advocate 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, defense counsel, or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution. (B) Trial counsel or defense counsel detailed for a general court-martial must be both of the following:(1) A member in good standing of the bar of this state;(2) Certified as competent to perform the duties of trial counsel or defense counsel in a general court-martial by the state judge advocate.
Ohio Rev Code § 5924.28 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.28 | Court Reporters and Interpreters.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|Under such regulations as the adjutant general may prescribe, the convening authority of a general or special court-martial 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.
Ohio Rev Code § 5924.29 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.29 | Absent and Additional Members.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of the accused except for physical disability, as a result of a challenge, or 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 fewer than five members. When the new members have been sworn, 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 fewer than three members. When the new members have been sworn, 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.(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 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.
Ohio Rev Code § 5924.30 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.30 | Charges and Specifications.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer of the organized militia authorized to administer oaths and shall state both of the following: (1) That the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications;(2) That those matters are true in fact to the best of the person's knowledge and belief.(B) Upon the preferring of charges, the proper authority shall take immediate steps to determine the disposition that should be made of the charges in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
Ohio Rev Code § 5924.31 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.31 | Self-Incrimination.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) No person subject to this code may compel any other person to incriminate the other person or to answer any question, the answer to which may tend to incriminate the other person. (B) 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 accused or person suspected of the nature of the accusation and advising the accused or person suspected that the accused or person suspected does not have to make any statement regarding the offense of which the accused or person suspected is accused or suspected and that any statement made by the accused or person suspected may be used as evidence against the accused or person suspected in a trial by court-martial.(C) No person subject to this code may compel any other person to make a statement or produce evidence before any court-martial if the statement or evidence is not material to the issue and may tend to degrade the other 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.
Ohio Rev Code § 5924.32 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.32 | Investigation.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth in the charge or specification 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 that should be made of the case in the interest of justice and discipline. (B) The accused shall be advised of the charges against the accused and of the accused's right to be represented at that investigation by counsel. Upon the accused's own request, the accused shall be represented by civilian counsel if provided by the accused at the accused's own cost, or by military counsel of the accused's own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against the accused if they are available and to present anything the accused may desire in the accused's own behalf, either in defense or mitigation, and the investigating officer shall examine reasonably 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 of that statement shall be given to the accused.(C) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in division (B) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in the accused's own behalf.(D) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
Ohio Rev Code § 5924.33 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.33 | Forwarding Charges.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|When a person is held for trial by general court-martial, the commanding officer shall, not later than the eighth day after the accused is ordered into arrest or confinement, forward the charges, together with the investigation and allied papers, to the general court-martial convening authority. If that is not practicable, the commanding officer shall report in writing to the convening authority the reasons for delay.
Ohio Rev Code § 5924.34 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.34 | Pre-Trial Referral of General Court-Martial Charge.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the convening authority's staff judge advocate or legal officer for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless the convening authority has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation. (B) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
Ohio Rev Code § 5924.35 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.35 | Service of Charges.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|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. Except in time of declared war, no person may, against the person's objection, be brought to trial or be required to participate alone or with counsel in a session called by the military judge in a general or special court-martial case within twenty-four hours after the service of charges upon the person.
Ohio Rev Code § 5924.36 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.36 | Trial Procedure.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|The procedure, including modes of proof, in cases before military courts may be prescribed by the adjutant general by regulations, that shall, so far as the adjutant general considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of this state, but that may not be contrary to or inconsistent with this code.
Ohio Rev Code § 5924.37 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.37 | Unlawful Influence.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) No authority convening a general, special, or summary court-martial, other commanding officer, or officer serving on the staff of a convening authority or other commanding officer may censure, reprimand, or admonish the court or any member, military judge, or counsel of the court, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or the member's, military judge's, or counsel's 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 of the court-martial or military tribunal in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to the authority's judicial acts. This division does not apply to: (1) 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;(2) Statements and instructions given in open court by the military judge, the president of a special court-martial, or counsel.(B) In the preparation of a fitness, evaluation, or performance 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, 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 duty, no person subject to this code may do either of the following:(1) Consider or evaluate the performance of duty of the member as a member of a court-martial;(2) Give a less favorable rating or evaluation of any member of the organized militia because of the zeal with which the member, as counsel, represented any accused before a court-martial.
Ohio Rev Code § 5924.38 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.38 | Duties of Trial and Defense Counsel.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings. (B) The accused has the right to be represented in the accused's defense before a general or special court-martial by civilian counsel if provided by the accused at the accused's own cost, by military counsel of the accused's own selection if reasonably available, or by detailed military defense counsel. Should the accused have civilian counsel of the accused's own selection, the defense counsel and any assistant defense counsel who were detailed shall, if the accused so desires, act as the accused's associate counsel; otherwise they shall be excused by the military judge.(C) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which the defense counsel considers appropriate.(D) An assistant trial counsel of a court-martial may, under the direction of the trial counsel or when the assistant trial counsel is qualified to be a trial counsel, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel.(E) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when the assistant defense counsel is qualified to be the defense counsel, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
Ohio Rev Code § 5924.39 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.39 | Convening Without Members of Court Present.

Effective: September 28, 2012|Latest Legislation:  House Bill 490 - 129th General Assembly|(A) At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 5924.35 of the Revised Code, call the court into session without the presence of the members for the following purposes: (1) Hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;(2) Hearing and ruling upon any matter that may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;(3) If permitted by regulations prescribed by the governor, holding the arraignment and receiving the pleas of the accused;(4) Performing any other procedural function that may be performed by the military judge under this code or under regulations prescribed pursuant to section 5924.36 of the Revised Code and that 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.(B) 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.
Ohio Rev Code § 5924.40 (2021)
2021 Ohio Revised Code|Title 59 | Veterans-Military Affairs|Chapter 5924 | Code of Military Justice|Section 5924.40 | Continuances.

Effective: July 17, 1970|Latest Legislation:  House Bill 867 - 108th General Assembly|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.