reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.365. Statement of policy on military justice.

Courts-martial have primary jurisdiction over offenses under this chapter, except when an act or omission violates both this chapter and local criminal law, foreign or domestic. In that case, a court-martial may be initiated only after a civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense. These jurisdictional requirements do not apply to nonjudicial punishment or administrative action taken by military authorities.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.370. Persons subject to military courts; jurisdiction.

The code of military justice applies to a member of the militia at all times, except when a member of the militia is
(1) in active federal service under 10 U.S.C. (Armed Forces); or
(2) outside the state and not in active duty status.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.375. Jurisdiction to try certain personnel.

(a) A person discharged from the militia of the state who is later charged with having fraudulently obtained a discharge is subject to trial by court-martial on that charge and is, after apprehension, subject to the code of military justice while in custody under the direction of the militia of the state for the trial. Upon conviction of the charge, the person is subject to trial by court-martial for an offense under this chapter that is committed before the fraudulent discharge.
(b) A person who has deserted from the militia of the state may not raise a defense that the person is not subject to jurisdiction under the code of military justice by virtue of a separation from a later period of service.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.380. Territorial applicability.

(a) The code of military justice applies to a member of the militia accused of or charged with an offense under this chapter that is committed outside the state if the member is in active state service under this chapter and is serving outside the state at the time the offense is committed.
(b) Courts-martial may be convened and held in units of the militia of the state while those units are serving outside the state with the same jurisdiction and powers granted under the code of military justice as if the proceedings were held inside the state. Offenses under this chapter committed by members of the militia outside the state may be tried and punished either inside or outside the state.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.385. Judge advocates.

(a) The senior force judge advocate of each force of militia of the state, or the delegate of the senior force judge advocate, shall make frequent inspections in the field in supervision of the administration of military justice in the force.
(b) A convening authority shall communicate directly with the authority's judge advocates in matters relating to the administration of military justice. The judge advocate of a command is entitled to communicate directly with the judge advocate of a superior or subordinate command or with the state judge advocate.
(c) A person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness in a case may not later act as a judge advocate to an authority reviewing the same case.
(d) A person may not serve as a judge advocate under the code of military justice unless the person is a commissioned officer of the organized militia of a state or of an active or reserve component of the armed forces or another uniformed service of the United States, is a member in good standing of the bar of the highest court of a state, and is currently
(1) certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, or Marine Corps or designated as a law specialist as an officer of the United States Coast Guard, or a reserve component of one of them; or
(2) certified as a nonfederally recognized judge advocate, under the code of military justice, by the senior judge advocate of the commander of the force in the component of the militia of the state of which the accused is a member, as competent to perform the military justice duties required by the code of military justice; if a judge advocate is not available, the certification may be made by the senior judge advocate of the commander of another force in the militia of the state, as the convening authority directs.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.390. Apprehension.

(a) A member of the militia or a person authorized under 10 U.S.C. 801 - 946 or the code of military justice to apprehend persons subject to the code of military justice, a marshal of a court-martial, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state may apprehend a person subject to the code of military justice upon probable cause that an offense under this chapter has been committed and that the person apprehended committed the offense.
(b) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to suppress disorder or mutual combat among members of the militia and to apprehend a person who participates in the disorder or mutual combat.
(c) If an offender is apprehended outside the state, the offender's return to the area must be in accordance with applicable extradition procedures, if any, or by reciprocal agreement.
(d) A person authorized by this section to apprehend, restrain, or confine persons subject to the code of military justice may not require payment of a fee for apprehending, restraining, or confining a person except as otherwise provided by law.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.395. Imposition of restraint.

(a) An enlisted member of the militia may be arrested or confined by an oral or written order issued by a commissioned officer or another member of the militia of the state acting at the commissioned officer's direction. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
(b) A commissioned or warrant officer may be arrested or confined only by a commanding officer who has authority over the commissioned or warrant officer. The commanding officer shall deliver the order orally, in writing, in person, or by another member of the militia. A commanding officer may not delegate the authority granted in this subsection.
(c) A person may not be arrested or confined unless the officer issuing the order for arrest or confinement has probable cause to believe that an offense under this chapter has been committed and that the person has committed the offense.
(d) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.400. Restraint of persons charged with offenses.

(a) Except as provided in (b) of this section, a person charged with an offense under this chapter may be arrested or confined as circumstances may require. A person arrested or confined before trial is entitled to prompt notice of the offense of which the person is accused.
(b) A person subject to the code of military justice who is charged with a minor offense normally tried by a summary court-martial or subject to nonjudicial punishment under the code of military justice may not be placed in confinement.
(c) When a person subject to the code of military justice is placed in confinement before summary court-martial or nonjudicial punishment, the person shall be conditionally released pending disposition of the charges.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.405. Place of confinement; reports and receiving of prisoners.

(a) A person confined as a prisoner under the code of military justice shall be confined in a civilian or military confinement facility.
(b) Unless otherwise authorized by law, a person authorized to receive a prisoner under (a) of this section may not refuse to receive or keep the prisoner committed to the person's charge by a commissioned officer of the militia of the state if the officer furnishes the person with a statement signed by the officer identifying the offense for which the prisoner was convicted.
(c) A person authorized to receive a prisoner under (a) of this section shall, within 24 hours after receiving the statement of commitment under (b) of this section, or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense for which the prisoner was convicted, and the name of the person who ordered or authorized the commitment.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.410. Delivery of offenders to a civil authority.

(a) A person accused of a criminal offense against a civil authority may be delivered, upon request, to a civil authority for trial or confinement.
(b) When a sentence imposed in a court-martial proceeding under the code of military justice is interrupted by the delivery of the offender to a civil authority under this section, and the offender is later convicted and sentenced by the civil authority, competent military authority shall request the civil authority to return the offender to the custody of the military authority for completion of the sentence imposed by court-martial.
(c) The adjutant general, with the approval of the governor, may enter into an agreement with a civil authority to ensure the return of an offender under this section.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.415. Courts-martial classified.

The military courts for the militia of the state are
(1) a general court-martial, consisting of
(A) a military judge, not fewer than five members, and not fewer than one alternate member; or
(B) only a military judge, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge and the military judge approves;
(2) a special court-martial, consisting of
(A) a military judge, not fewer than three members, and not fewer than one alternate member; or
(B) only a military judge, if one has been detailed to the court, and the accused so requests under the conditions prescribed in (1)(B) of this section; and
(3) a summary court-martial, consisting of one commissioned officer.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.420. Jurisdiction of courts-martial in general.

Each force of the militia of the state in active military service has court-martial jurisdiction over all members of the militia. The exercise of jurisdiction by one force over personnel of another force must be in accordance with the code of military justice.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.425. Jurisdiction of a general court-martial.

Subject to AS 26.05.420, a general court-martial has jurisdiction to try a member of the militia for an offense under this chapter and may impose a punishment not forbidden by the code of military justice.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.430. Jurisdiction of a special court-martial.

Subject to AS 26.05.420, a special court-martial has jurisdiction to try a member of the militia for an offense under this chapter and may impose a punishment not forbidden by the code of military justice, other than dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay a month, or forfeiture of pay for more than one year.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.435. Jurisdiction of a summary court-martial.

(a) Subject to AS 26.05.420, a summary court-martial has jurisdiction to try a member of the militia except officers, cadets, candidates, and midshipmen for an offense under this chapter.
(b) A person over whom a summary court-martial has jurisdiction may not be brought to trial before a summary court-martial if the person objects.
(c) If a person accused of an offense under this chapter objects to a summary court-martial under (b) of this section, the person may be ordered tried by special or general court-martial, as appropriate.
(d) A summary court-martial may, under the limitations as the governor may prescribe, impose a punishment not forbidden by the code of military justice, other than dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.440. Grand jury requirement.

(a) A general court-martial in which the member of the militia is accused of committing an offense that is punishable by confinement of more than one year may not be convened until a grand jury of the state has returned a true bill indicating that there is probable cause to believe that the accused member of the militia committed the offense or offenses at issue.
(b) The general court-martial convening authority shall designate one or more judge advocates to represent the authority at the grand jury, except that, at the request of the adjutant general and with the consent of the attorney general, an attorney from the Department of Law may represent the convening authority at the grand jury.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.445. Venue for grand jury and court-martial.

The venue for convening a court-martial, trial, preliminary hearing, and presentation of charges to a state grand jury shall be determined at the discretion of the appropriate court-martial convening authority.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.450. Who may convene a general court-martial.

(a) A general court-martial may be convened by
(1) the governor;
(2) the adjutant general;
(3) the commanding officer of a force of the militia of the state;
(4) the commanding officer of a division or a separate brigade;
(5) the commanding officer of a separate wing.
(b) If a commanding officer who is authorized to convene a general court-martial is the accuser in a matter, the court hearing the matter shall be convened by superior competent authority.
(c) A superior authority may convene a case if the superior authority considers it desirable.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.455. Who may convene a special court-martial.

(a) A special court-martial may be convened by
(1) a person who may convene a general court-martial;
(2) the commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;
(3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the United States Army;
(4) the commanding officer of a wing, group, separate squadron, or corresponding unit of the United States Air Force; or
(5) a commanding officer or officer in charge of any other command when empowered to do so by the adjutant general.
(b) If an officer who is authorized to convene a special court-martial is the accuser in the matter, the court hearing the matter shall be convened by superior competent authority.
(c) A superior authority may convene a case if the superior authority considers it desirable.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.460. Who may convene a summary court-martial.

(a) A summary court-martial may be convened by
(1) a person who may convene a general or special court-martial;
(2) the commanding officer of a detached company or other detachment or the commanding officer of a corresponding unit of the United States Army;
(3) the commanding officer of a detached squadron or other detachment or the commanding officer of a corresponding unit of the United States Air Force; or
(4) the commanding officer or officer in charge of any other command when empowered to do so by the adjutant general.
(b) If only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. If the officer who is authorized to convene a summary court-martial is the accuser in the matter, the court hearing the matter shall be convened by a superior competent authority, if practicable.
(c) A superior authority may convene a summary court-martial if the superior authority considers it desirable.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.465. Who may serve on courts-martial.

(a) A commissioned officer of the militia of a state or of an active duty component of the armed forces of the United States is eligible to serve on a general, special, or summary court-martial for the trial of a member of the militia.
(b) A warrant officer of the militia of a state or of an active duty component of the armed forces of the United States is eligible to serve on a general or special court-martial for the trial of any person, other than a commissioned officer.
(c) An enlisted member of the militia of the state who is not a member of the same unit as the accused is eligible to serve on a general or special court-martial for the trial of an enlisted member, but only if the accused has, before the conclusion of a session of the court-martial called by the military judge, personally requested, orally on the record or in writing, that enlisted members serve on the court-martial.
(d) After a request is made under (c) of this section, the accused may not be tried by a general or special court-martial unless enlisted members make up at least one-third of the total membership of the court. If eligible enlisted members are not available because of physical conditions or military exigencies, the court may proceed to try the accused without enlisted members, but the convening authority shall place on the record a detailed written explanation of why eligible enlisted members were not available.
(e) The accused may not be tried by a court-martial that includes a member who is junior in rank or grade to the accused, unless the inclusion cannot be avoided.
(f) When convening a court-martial, the convening authority shall detail the members of the militia of a state or of an active duty component of the armed forces of the United States who are, in the convening authority's opinion, the best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. A person is not eligible to serve as a member of a general or special court-martial if the person is the accuser, is a witness, or has acted as investigating officer or as counsel in the same case.
(g) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to a principal assistant.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.470. Military judge of a general or special court-martial.

(a) A senior force judge advocate who is in the same force as the accused, or a designee, shall detail a military judge to a general and special court-martial. The military judge shall preside over an open session of the court-martial to which the military judge has been detailed.
(b) A military judge must be
(1) an active or retired commissioned officer of the militia of a state or of an active or reserve component of the armed forces or another uniformed service of the United States;
(2) licensed to practice law in a state or a member of the bar of a federal court for at least five years;
(3) certified as qualified for duty as a military judge by a senior force judge advocate who is in the same force as the accused.
(c) The convening authority or a staff member of the convening authority may not prepare or review a report concerning the effectiveness, fitness, or efficiency of the military judge detailed to the case that relates to performance of duty as a military judge.
(d) A person may not act as military judge in a case if that person is the accuser or a witness or has acted as investigating officer or 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, or vote with the members of the court-martial.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.475. Detail of trial counsel and defense counsel.

(a) For each general and special court-martial, the convening authority shall detail trial counsel, defense counsel, and assistants, as appropriate.
(b) A person who has acted as investigating officer, military judge, witness, or court member in a case may not act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant or associate defense counsel in the case.
(c) A person who has acted for the prosecution may not act in the same case for the defense. A person who has acted for the defense may not act in the same case for the prosecution.
(d) Trial counsel or defense counsel detailed in a general or special court- martial must be
(1) a judge advocate or, if serving as defense counsel, otherwise certified by the senior force judge advocate; and
(2) admitted to the practice of law in this state or otherwise permitted to appear in an action in the courts of this state.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.480. Detail or employment of reporters and interpreters.

(a) 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 to interpret for the court.
(b) A person may not act as a reporter or interpreter under this section in a case if the person is the accuser, a witness, an investigating officer, counsel for a party, or, if the trial is a rehearing, a member of a prior court-martial in the same case.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.485. Absent and additional members.

(a) A member of a general or special court-martial may not be absent or excused after the court has been assembled for the trial of the accused unless the member is excused
(1) as a result of a challenge; or
(2) for good cause by the military judge or by order of the convening authority.
(b) If a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the military judge shall assign an available alternate member to the general court-martial to restore the court to five members. The trial may not proceed if a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members and no alternate is available for assignment.
(c) If a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the military judge shall assign an alternate member to the special court-martial to restore the court to three members. The trial may not proceed if a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members and no alternate is available for assignment.
(d) If the military judge of a court-martial composed of only a military judge is unable to proceed with a trial because of a challenge or for other good cause, the senior force judge advocate shall detail a new military judge. The trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a written stipulation of the evidence is read in court in the presence of the new military judge, the accused, and counsel for both sides.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.490. Charges and specifications.

(a) Charges and specifications must be signed by a member of the militia under oath before a commissioned officer authorized by AS 26.05.655 to administer oaths. The charges and specifications must state
(1) that the signer has personal knowledge of, or has investigated, the facts set out in the charges and specifications;
(2) that the charges and specifications are true in fact to the best of the signer's knowledge and belief.
(b) The person proffering the charges and specifications shall present them to the proper authority. The proper authority receiving the charges and specifications shall immediately determine the disposition of the charges in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.495. Compulsory self-incrimination prohibited.

(a) A member of the militia may not compel a person to make a self-incriminating statement or to answer a question if the answer may incriminate the person.
(b) A member of the militia may not interrogate or request a statement from a person suspected of an offense under this chapter without first informing the person of the nature of the accusation and advising the person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.
(c) A member of the militia may not compel a person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue before the court and may tend to degrade the person.
(d) A statement obtained from a person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may not be admitted into evidence against the person in a trial by court-martial.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.505. Forwarding of charges.

(a) 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 associated records, to the person exercising general court-martial jurisdiction.
(b) If it is not practicable to forward the charges and investigation and associated records under (a) of this section, the commanding officer shall provide the person with a written explanation for the delay as soon as possible.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.510. Advice of judge advocate and reference for trial.

(a) Before directing the trial of a charge by general court-martial, the convening authority shall refer it to a 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 a judge advocate that
(1) the specification alleges an offense under this chapter;
(2) the specification is warranted by the evidence set out in the report of investigation under AS 26.05.500, if there is a report; and
(3) a court-martial has jurisdiction over the accused and the offense.
(b) The advice of the judge advocate under (a) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate
(1) stating the judge advocate's conclusions with respect to each matter set out in (a) of this section; and
(2) recommending to the convening authority what action to take regarding the specification; if the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.
(c) If a charge or specification is not in the correct form or does not conform to the substance of the evidence set out in the investigating officer's report, the convening authority, with the advice of the judge advocate, may correct the charge or specification to conform to the evidence.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.515. Service of charges.

A trial counsel shall serve or cause to be served on the accused a copy of the charges. A person may not, against the person's objection, be brought to trial before a general court-martial within five days after the service of charges on the person, or before a special court-martial within three days after the service of charges on the person.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.520. Unlawfully influencing the action of a court.

(a) An authority convening a general, special, or summary court-martial, a commanding officer, or an officer serving on the staff of a convening authority or commanding officer may not censure, reprimand, or admonish the court, a member of the court, the military judge, or counsel appearing before the court, with respect to the findings of or sentence imposed by the court, or with respect to another exercise of the respective functions of the court, a member of the court, the military judge, or counsel appearing before the court in the conduct of the proceedings.
(b) A member of the militia may not attempt to coerce or, by unauthorized means, influence the action of a court-martial or a member of a court in reaching the findings or sentence in a case, or the action of a convening, approving, or reviewing authority with respect to a judicial act. This subsection does not apply to
(1) general instructional or informational courses in military justice if the 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, summary court-martial officer, or counsel.
(c) A member of the militia may not, 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 militia of the state is qualified to be advanced in grade, in determining the assignment or transfer of a member of the militia of the state, or in determining whether a member of the militia of the state should be retained on active status,
(1) consider or evaluate the performance of duty of the member as a member of a court-martial or witness; or
(2) give a less favorable rating or evaluation of any counsel for the accused because of zealous representation before a court-martial.
(d) In this section, “unauthorized” means contrary to a statute or regulation of the United States or the state.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.530. Oaths or affirmations.

(a) Before performing their respective duties, military judges, general and special court-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused that they will perform their duties faithfully.
(b) The form of the oath or affirmation, the time and place of taking, the manner of recording, and a determination of whether the oath or affirmation shall be taken for all cases in which the duties are to be performed or for a particular case, shall be prescribed by rules of procedure. The rules may provide that, if a person takes an oath or affirmation with respect to a duty, the person need not take the oath or affirmation again on detailment to the duty.
(c) A witness before a court-martial shall be examined under oath or affirmation.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.535. Statute of limitations.

(a) A person charged with an offense under this chapter may not be tried or punished for the offense unless the person received sworn charges and specifications issued by an officer exercising court-martial jurisdiction over the command not later than three years after the commission of the offense or not later than two years after commission of the offense if the imposition of nonjudicial punishment is sought for the offense under the code of military justice.
(b) A period when the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation in this section.
(c) A period when the accused is absent from territory in which the proper authority has the ability to apprehend the accused, in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation in this section.
(d) When the United States is at war declared by the United States Congress or engaged in contingency operations ordered by the President of the United States, and those operations actually prevented the discovery of the offending behavior or the timely bringing of charges, as determined by a military judge at court-martial, the running of a period of limitation for an offense under this chapter is suspended until two years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the United States Congress if the offense
(1) involves fraud or attempted fraud against the United States, a state, or an agency of either, including a conspiracy to commit fraud;
(2) is committed in connection with the acquisition, care, handling, custody, control, or disposition of real or personal property of the United States or a state; or
(3) is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of a contract, subcontract, or purchase order that is connected with or related to the prosecution of the war, or with the disposition of inventory by a war contractor or government agency.
(e) If charges or specifications are dismissed as defective or insufficient for any cause, and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications
(1) are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications;
(2) allege the same acts or omissions that were alleged in the dismissed charges or specifications or acts or omissions that were included in the dismissed charges or specifications.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.540. Former jeopardy.

Former jeopardy protections provided to a member of the militia are equivalent to those provided under art. I, sec. 9, Constitution of the State of Alaska, and under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.545. Pleas of the accused.

(a) If, after arraignment, an accused makes an irregular pleading or, after a plea of guilty, initiates an action inconsistent with the plea, or if the accused appears to have 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 a charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn before announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.550. Subpoena; process of military courts.

(a) A military judge, the president of a court-martial, or a summary court-martial officer may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and production of books and records, if the courts are sitting within the state and the witnesses, books, and records sought are located in the state. A subpoena may be served by a person designated by the military judge, the president of the court-martial, or summary court-martial officer.
(b) If a person who is not a member of the militia of the state fails to comply with a subpoena issued under this section, the military judge, president of the court-martial, or summary court-martial officer may apply to a state court for an order to compel obedience by proceedings for contempt as if the subpoena had been issued by a court. The military judge, president of the court-martial, or summary court-martial officer may request the attorney general to bring the action.
(c) A person who is not a member of the militia, who has been subpoenaed to appear as a witness or to produce books and records before a court-martial or before a military or civil officer designated to take a deposition to be read in evidence before a court-martial, who has been paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state, and who wilfully neglects or refuses to appear or refuses to qualify as a witness or to testify or to produce evidence that the person may have been legally subpoenaed to produce is guilty of a violation and may be charged and punished as provided in AS 12.55.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.555. Contempt.

(a) A military judge or summary court-martial officer may punish for contempt a person who
(1) uses a menacing word, sign, or gesture in its presence;
(2) disturbs its proceedings by any riot or disorder; or
(3) wilfully disobeys a lawful writ, process, order, rule, decree, or command of the military judge or summary court-martial officer.
(b) A military judge or summary court-martial officer may punish a member of the militia for contempt as provided in AS 09.50.020 for civil contempt.
(c) A military judge or summary court-martial officer may punish a person who is not a member of the militia for direct contempt as provided in AS 09.50.020 for civil contempt.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.560. Defense of insanity.

(a) The accused may assert the affirmative defense of insanity as provided in AS 12.47.010. If the accused gives notice of the defense, the accused shall file with the military judge the notice required by AS 12.47.090.
(b) If the accused asserts the defense of insanity under (a) of this section, the court shall order an examination to be conducted that meets the standards of AS 12.47.070.
(c) If the defense of insanity is properly at issue, the military judge shall instruct the members of the court as to the defense and charge them to find the accused
(1) guilty;
(2) not guilty; or
(3) not guilty by reason of insanity.
(d) The accused may be found not guilty by reason of insanity if
(1) a majority of the members of the court-martial present at the time the vote is taken determine that the defense of insanity has been established; or
(2) in the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, the military judge or summary court-martial officer determines that the defense of insanity has been established.
(e) In the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, if the defense of insanity is properly at issue, the military judge or summary court-martial officer shall find the accused
(1) guilty;
(2) not guilty; or
(3) not guilty by reason of insanity.
(f) If an accused is found not guilty by reason of insanity, trial counsel shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if trial counsel has good cause to believe that the defendant is suffering from a mental illness and, as a result, is gravely disabled or likely to cause serious harm to self or others. In this subsection, “mental illness” has the meaning given in AS 47.30.915.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.570. Voting and rulings.

(a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall immediately announce the result of the ballot to the members of the court on the record, in an open court, and in the presence of all parties to the trial.
(b) The military judge shall rule on all questions of law and all interlocutory questions arising during the proceedings. A ruling made by the military judge on a question of law or an interlocutory question, other than the factual issue of mental responsibility of the accused, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial before a vote is taken on the findings. Unless the ruling is final, if a member objects to a ruling, the court shall be cleared and closed, and the question shall be decided by a voice vote as provided in AS 26.05.575, beginning with the junior in rank.
(c) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense under this chapter and charge them that
(1) the accused is presumed to be innocent until the guilt of the accused is established by legal and competent evidence beyond a reasonable doubt;
(2) if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and the accused must be acquitted;
(3) if there is a reasonable doubt as to the degree of guilt, a finding of guilt must be in a lower degree as to which there is no reasonable doubt; and
(4) the burden of proof to establish the guilt of the accused beyond a reasonable doubt is on the state.
(d) A military judge sitting without court members shall
(1) determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence;
(2) make a general finding and shall, in addition, on request, find the facts specially.
(e) If a military judge sitting without court members files an opinion or memorandum of decision, the opinion or memorandum of decision is sufficient if the findings of fact appear in the opinion or memorandum of decision.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 05. Code of Military Justice › Article 2. Military Justice. › Sec. 26.05.575. Number of votes required.

(a) A person may not be convicted of an offense under this chapter that is tried by a court-martial unless by the unanimous verdict of the members of the court present at the time the vote is taken.
(b) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on any other question is a determination in favor of the accused.