reglab/housing_qa huggingface dataset:
KS Stat § 48-2603 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 26 - Code Of Military Justice; Pretrial Procedure|48-2603 Investigation; rights of accused.

48-2603. Investigation; rights of accused. (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 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.(b) The accused shall be advised of the charges against him or her and of the right to be represented at that investigation by counsel. Upon the accused's own request he or she shall be represented by civilian counsel if provided by the accused, or military counsel of the accused's own selection if such counsel is reasonably available, or by counsel detailed by the judge advocate general. 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 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.(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 subsection (b), 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.(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.History: L. 1972, ch. 203, § 48-2603; July 1.
KS Stat § 48-2604 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 26 - Code Of Military Justice; Pretrial Procedure|48-2604 Forwarding of charges.

48-2604. Forwarding of charges. When a person is held for trial by general court-martial the commanding officer shall, within eight (8) 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 such officer the reasons for delay.History: L. 1972, ch. 203, § 48-2604; July 1.
KS Stat § 48-2605 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 26 - Code Of Military Justice; Pretrial Procedure|48-2605 (KCMJ Art. 34) Advice of staff judge advocate and reference for trial.

48-2605. (KCMJ Art. 34) Advice of staff judge advocate and reference for trial. (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 for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by the staff judge advocate that:(1) The specification alleges an offense under this code;(2) the specification is warranted by the evidence indicated in the report of the investigation under K.S.A. 48-2603 and amendments thereto, if there is such a report; and(3) a court-martial would have jurisdiction over the accused and the offense.(b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate:(1) Expressing the staff judge advocate's conclusions with respect to each matter set forth in subsection (a); and(2) recommending action that the convening authority take regarding the specification.If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.(c) 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 shall be made.History: L. 1972, ch. 203, § 48-2605; L. 1988, ch. 191, § 22; July 1.
KS Stat § 48-2606 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 26 - Code Of Military Justice; Pretrial Procedure|48-2606 Service of charges.

48-2606. 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 may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon him or her.History: L. 1972, ch. 203, § 48-2606; July 1.
KS Stat § 48-2701 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2701 Governor may prescribe rules.

48-2701. 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.History: L. 1972, ch. 203, § 48-2701; July 1.
KS Stat § 48-2702 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2702 (KCMJ Art. 37) Unlawfully influencing action of court.

48-2702. (KCMJ Art. 37) Unlawfully influencing action of court. (a) 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 the court's or person'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 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 such authority's judicial acts. The foregoing provisions shall 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; or(2) statements and instructions given in open court by the military judge or counsel.(b) 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 is qualified to be advanced in grade or in determining the assignment or transfer of a member of the state military forces or in 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:(1) Consider or evaluate the performance of duty of any such member as a member, military judge or trial counsel of a court-martial; or(2) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member as counsel represented any accused before a court-martial. This subsection is not applicable to evaluations made by the judge advocate general of the performance of personnel under such judge advocate general's supervision.History: L. 1972, ch. 203, § 48-2702; L. 1988, ch. 191, § 23; July 1.
KS Stat § 48-2703 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2703 (KCMJ Art. 38) Duties of trial counsel and defense counsel.

48-2703. (KCMJ Art. 38) Duties of trial counsel and defense counsel. (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, by military counsel of the accused's own selection if reasonably available or by the defense counsel detailed under K.S.A. 48-2505 and amendments thereto. Should the accused have counsel of the accused's own selection, the defense counsel and assistant defense counsel, if any, 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 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 general court-martial may, under the direction of the trial counsel or when such assistant trial counsel is qualified to be a trial counsel as required by K.S.A. 48-2505 and amendments thereto, perform any duty imposed by law, regulation or the custom of the service upon the trial counsel of the court.(e) An assistant defense counsel of a general court-martial may, under the direction of the defense counsel or when such assistant defense counsel is qualified to be the defense counsel as required by K.S.A. 48-2505 and amendments thereto, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.History: L. 1972, ch. 203, § 48-2703; L. 1988, ch. 191, § 24; July 1.
KS Stat § 48-2704 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2704 Sessions.

48-2704. Sessions. (a) 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 K.S.A. 48-2606 call the court into session without the presence of the members for the purpose of:(1) 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;(2) hearing and ruling upon any matter which 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 of the governor, holding the arraignment and receiving the pleas of the accused; and(4) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to K.S.A. 48-2701 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 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.History: L. 1972, ch. 203, § 48-2704; July 1.
KS Stat § 48-2705 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2705 (KCMJ Art. 40) Continuances.

48-2705. (KCMJ Art. 40) Continuances. A military judge, a court-martial without a military judge or a summary court may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.History: L. 1972, ch. 203, § 48-2705; L. 1988, ch. 191, § 25; July 1.
KS Stat § 48-2706 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2706 (KCMJ Art. 41) Challenges.

48-2706. (KCMJ Art. 41) Challenges. (a) 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 shall determine the relevancy 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.(b) Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.History: L. 1972, ch. 203, § 48-2706; L. 1988, ch. 191, § 26; July 1.
KS Stat § 48-2707 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2707 (KCMJ Art. 42) Oaths.

48-2707. (KCMJ Art. 42) Oaths. (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the governor. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.(b) Each witness before a military court shall be examined on oath or affirmation.History: L. 1972, ch. 203, § 48-2707; L. 1988, ch. 191, § 27; July 1.
KS Stat § 48-2708 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2708 (KCMJ Art. 43) Statute of limitations.

48-2708. (KCMJ Art. 43) Statute of limitations. (a) A person charged with sedition, mutiny, desertion or absence without leave in time of war or aiding a hostile force may be tried and punished at any time without limitation.(b) Except as otherwise provided in this section, a person charged with desertion or with the offense punishable under K.S.A. 48-3040 and amendments thereto is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.(c) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under K.S.A. 48-2301 and amendments thereto if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under K.S.A. 48-2301 and amendments thereto.(d) Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of a hostile force, shall be excluded in computing the period of limitation prescribed in this section.History: L. 1972, ch. 203, § 48-2708; L. 1988, ch. 191, § 28; July 1.
KS Stat § 48-2709 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2709 Former jeopardy.

48-2709. Former jeopardy. (a) No person may be tried a second time in any court of the state for the same offense.(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.History: L. 1972, ch. 203, § 48-2709; July 1.
KS Stat § 48-2710 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2710 (KCMJ Art. 45) Pleas of the accused.

48-2710. (KCMJ Art. 45) Pleas of the accused. (a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.(b) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, by a court-martial without a military judge or summary court, a finding of guilty of the charge or specification may, if permitted by the regulations of the governor, be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.History: L. 1972, ch. 203, § 48-2710; L. 1988, ch. 191, § 29; July 1.
KS Stat § 48-2711 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2711 (KCMJ Art. 46) Opportunity to obtain witnesses and other evidence.

48-2711. (KCMJ Art. 46) Opportunity to obtain witnesses and other evidence. (a) Trial counsel, defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe. Process issued in courts-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the state having criminal jurisdiction may lawfully issue and shall include the authority to summon witnesses from without the state as provided in K.S.A. 22-4201 et seq. and amendments.(b) The military judge of a court-martial or a summary court officer may:(1) Issue a warrant for the arrest of any accused person who having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;(2) issue subpoenas duces tecum and other subpoenas; and(3) enforce by attachment the attendance of witnesses and the production of books and papers.History: L. 1972, ch. 203, § 48-2711; L. 1988, ch. 191, § 30; July 1.
KS Stat § 48-2712 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2712 (KCMJ Art. 47) Refusal to appear or testify.

48-2712. (KCMJ Art. 47) Refusal to appear or testify. (a) Any person not subject to this code who:(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;(2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the district courts of the state; and(3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce; is guilty of an offense against the state constituting a class C misdemeanor.(b) Upon the certification of the facts under subdivision (a) hereof by the military judge or summary court officer to the county attorney of the county where the offense occurred, the county attorney shall prosecute as if the offense were specifically included in the Kansas criminal code.(c) The fees and mileage of witnesses shall be advanced or paid in the same amount and to the same extent as witnesses under the Kansas criminal code.History: L. 1972, ch. 203, § 48-2712; L. 1988, ch. 191, § 31; July 1.
KS Stat § 48-2713 (2021)
2021 Kansas Statutes|Chapter 48 - Militia, Defense And Public Safety|Article 27 - Code Of Military Justice; Trial Procedure|48-2713 Contempts.

48-2713. Contempts. (a) A military court may punish for contempt any person subject to this code who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder.(b) Any person not subject to this code who engages in conduct described in subdivision (a) hereof is guilty of an offense against the state constituting a class C misdemeanor and the facts may be certified and prosecution instituted as provided in and contemplated by subsection (b) of K.S.A. 48-2712.History: L. 1972, ch. 203, § 48-2713; July 1.