reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1000 — 38-2-1006) › Section 38-2-1003 - Discharge fraudulently obtained

(a)
Each person discharged from the organized militia who is later charged with having fraudulently obtained such discharge shall be, subject to Code Section
38-2-1043
, subject to trial by court-martial on that charge and is, after apprehension, subject to this article while in custody under the direction of the organized militia for that trial. Upon conviction of such charge, such person shall be subject to trial by court-martial for all offenses under this article committed prior to the fraudulent discharge.
(b)
No person who has deserted from the organized militia shall be relieved from amenability to the jurisdiction of this article by virtue of a separation from any later period of service.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1000 — 38-2-1006) › Section 38-2-1004 - Calculating forfeiture punishments

When calculating forfeiture punishments under this article for nonactive duty members of the Georgia National Guard, each unit training assembly shall constitute a day. Otherwise, any punishment authorized by this article which is measured in terms of days shall mean successive days when served in a status of annual field training and shall mean succeeding duty days when served in a status other than annual field training.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1000 — 38-2-1006) › Section 38-2-1005 - Territorial applicability of article

(a)
This article shall be applicable at all times and in all places, provided that either the person subject to this article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting an offense under this article and the efficient functioning of the organized militia. Such grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense except when the prohibition of double jeopardy is concerned.
(b)
Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside of this state with the same jurisdiction and powers as to persons subject to this article as if such proceedings were held inside this state, and offenses committed outside this state may be tried and punished under this article either inside or outside this state.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1000 — 38-2-1006) › Section 38-2-1006 - State judge advocate; appointment; eligibility; staff judge advocate

(a)
The Governor, on the recommendation of the adjutant general, shall appoint an individual to serve as the state judge advocate. To be eligible for such appointment, such individual shall be a judge advocate, a member of the State Bar of Georgia in good standing for not less than ten years, and have not less than five years of continuous service in the army or air National Guard of this state. The state judge advocate shall serve as the primary legal adviser to the adjutant general and shall serve as the judge advocate on the joint staff. The state judge advocate shall supervise the Office of the State Judge Advocate and shall have authority for assignment, placement, and billeting of all judge advocates.
(b)
The assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force, on the recommendation of the state judge advocate, shall each appoint a staff judge advocate for the Army National Guard, a staff judge advocate for the Air National Guard, and a staff judge advocate for the State Defense Force, respectively. Such staff judge advocates shall serve as the respective primary legal advisers to the assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force.
(c)
The state judge advocate, or his or her assistants, shall make frequent inspections in the field in supervision of the administration of military justice in the organized militia.
(d)
Convening authorities shall at all times communicate directly with a judge advocate in the same military service in matters relating to the administration of military justice.
(e)
No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act in any capacity in any reviewing authority upon the same case.
Amended by 2017 Ga. Laws 275,§ 38, eff. 5/9/2017.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 2 - CUSTODY, ARREST, CONFINEMENT (§§ 38-2-1007 — 38-2-1014) › Section 38-2-1007 - Apprehension

(a)
Any person authorized by this article or Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to take persons into custody subject to this article, any marshal of a court-martial appointed pursuant to the provisions of this article, and any peace officer or civil officer having authority to take offenders into custody under the laws of the United States or of another state, may do so upon probable cause that an offense has been committed and that the person taken into custody committed it.
(b)
Commissioned officers, warrant officers, petty officers, and noncommissioned officers shall have authority to quell quarrels, frays, and disorders among persons subject to this article and to take persons into custody subject to this article who take part therein.
(c)
If an offender is taken into custody outside this state, the offender's return to this state shall be in accordance with normal extradition procedures or by reciprocal agreement.
(d)
No person authorized by this article to take persons into custody subject to this article, or the place where such offender is confined, restrained, held, or otherwise housed, shall require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 2 - CUSTODY, ARREST, CONFINEMENT (§§ 38-2-1007 — 38-2-1014) › Section 38-2-1009 - Who may order the arrest or confinement of members

(a)
An enlisted member may be ordered into arrest or confinement by any commander in the grade of O-4 or above by an order, oral or written, delivered in person or through any other person who is subject to this article. A commander in the grade of O-4 or above may authorize commissioned officers, 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 officer, a warrant officer, or a civilian subject to this article or to trial thereunder may be ordered into arrest or confinement only by a commanding officer in the grade of O-6 or above to whose authority the person is subject by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement shall not be delegated.
(c)
No person may be ordered into arrest or confinement except for probable cause.
(d)
This article shall not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
(e)
The Governor, or the adjutant general under delegation by the Governor, may by written order, or regulations issued pursuant to Part 1 of Article 2 of this chapter, further limit who may order the arrest or confinement of members.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 2 - CUSTODY, ARREST, CONFINEMENT (§§ 38-2-1007 — 38-2-1014) › Section 38-2-1010 - Restraint of persons charged with offenses

Any person subject to this article who is charged with an offense under this article shall be ordered into arrest or confinement by the adjutant general, as circumstances may require. When any person subject to this article is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him or her of the specific wrong of which he or she is accused, and diligent steps shall be taken to try him or her or to dismiss the charges and release him or her.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 2 - CUSTODY, ARREST, CONFINEMENT (§§ 38-2-1007 — 38-2-1014) › Section 38-2-1011 - Confinement and imprisonment in civil jails

Confinement and imprisonment other than in a guard house, whether prior to, during, or after trial by a military court, shall be executed in jails or correctional institutions designated by the Governor, or by the adjutant general under delegation by the Governor, for that purpose.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 2 - CUSTODY, ARREST, CONFINEMENT (§§ 38-2-1007 — 38-2-1014) › Section 38-2-1012 - No confinement with enemy prisoners

No member of the organized militia shall be placed in confinement in immediate association with enemy prisoners.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 2 - CUSTODY, ARREST, CONFINEMENT (§§ 38-2-1007 — 38-2-1014) › Section 38-2-1013 - Restriction on means of punishment

No person, while being held for trial or awaiting a verdict, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances require to insure his or her presence and the safety of others, but he or she may be subjected to minor punishment during such period for infractions of discipline. Any person placed in confinement while being held for trial or awaiting a verdict shall be given administrative credit for such time to offset any sentence subsequently imposed.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 2 - CUSTODY, ARREST, CONFINEMENT (§§ 38-2-1007 — 38-2-1014) › Section 38-2-1014 - Delivery of offenders to civil authorities

(a)
A person who is subject to this article and accused of an offense against civil authority shall be delivered, upon request, to the civil authority for trial or confinement.
(b)
When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, and the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, the offender, after having answered to the civil authorities for the offense, shall, upon the request of competent military authority, be returned to the place of original custody for the completion of his or her sentence.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 4 - COURT-MARTIAL JURISDICTION (§§ 38-2-1016 — 38-2-1021) › Section 38-2-1016 - Classification of courts-martial

There shall be three kinds of courts-martial in the organized militia:
(1)
General courts-martial, which shall consist of:
(A)
A military judge and not less than six members; 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)
Special courts-martial, which shall consist of:
(A)
A military judge and not less than six members; or
(B)
Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those provided for in subparagraph (B) of paragraph (1) of this Code section so requests; and
(3)
Summary courts-martial, consisting of one commissioned officer.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 4 - COURT-MARTIAL JURISDICTION (§§ 38-2-1016 — 38-2-1021) › Section 38-2-1017 - Jurisdiction of courts-martial; generally

Each force of the organized militia has court-martial jurisdiction over all members of the particular force of the organized militia who are subject to this article. The Georgia Army National Guard and the Georgia Air National Guard shall have court-martial jurisdiction over all members subject to this article.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 4 - COURT-MARTIAL JURISDICTION (§§ 38-2-1016 — 38-2-1021) › Section 38-2-1018 - General courts-martial

Subject to Code Section
38-2-1017
, general courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and shall, under such limitations as the Governor may prescribe pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:
(1)
Confinement for a period of not more than ten years;
(2)
Restriction to specified limits for not more than six months;
(3)
Dismissal, dishonorable discharge, or bad conduct discharge;
(4)
Forfeiture of all or a portion of pay and allowances;
(5)
Restitution;
(6)
Reduction to the lowest or any intermediate pay grade of enlisted persons;
(7)
A reprimand; and
(8)
No punishment.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 4 - COURT-MARTIAL JURISDICTION (§§ 38-2-1016 — 38-2-1021) › Section 38-2-1019 - Special courts-martial

Subject to Code Section
38-2-1017
, special courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:
(1)
Confinement for a period of not more than one year;
(2)
Restriction to specified limits for not more than six months;
(3)
Bad conduct discharge;
(4)
Forfeiture of all or a portion of pay and allowances for not more than one year;
(5)
Restitution;
(6)
Reduction to the lowest or any intermediate pay grade of enlisted persons;
(7)
A reprimand; and
(8)
No punishment.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 4 - COURT-MARTIAL JURISDICTION (§§ 38-2-1016 — 38-2-1021) › Section 38-2-1020 - Summary courts-martial

(a)
Subject to Code Section
38-2-1017
, summary courts-martial shall have jurisdiction to try persons subject to this article, except for commissioned or warrant officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter.
(b)
No person with respect to whom summary courts-martial shall have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial shall be ordered, as may be appropriate. Summary courts-martial shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:
(1)
Confinement for a period of not more than one month;
(2)
Restriction to specified limits for not more than two months;
(3)
Forfeiture of all or a portion of pay and allowances for not more than 60 days;
(4)
Restitution;
(5)
Reduction of no more than two grades of enlisted persons;
(6)
A reprimand; and
(7)
No punishment.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 5 - COMPOSITION OF COURT-MARTIAL (§§ 38-2-1022 — 38-2-1029) › Section 38-2-1022 - Convening of general courts-martial

(a)
General courts-martial may be convened by the Governor. The Governor may delegate the authority to convene general courts-martial to the adjutant general, but such authority shall not be delegated further.
(b)
If the Governor is the accuser, the general court-martial shall be convened by the Lieutenant Governor.
(c)
For administrative purposes other than the actual convening of a general court-martial, the adjutant general shall be considered the general court-martial convening authority.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 5 - COMPOSITION OF COURT-MARTIAL (§§ 38-2-1022 — 38-2-1029) › Section 38-2-1023 - Convening of special courts-martial

(a)
Special courts-martial may be convened by the Governor, the adjutant general, the assistant adjutant general for army, or the assistant adjutant general for air.
(b)
If any individual in subsection (a) of this Code section is an accuser, the special court-martial shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 5 - COMPOSITION OF COURT-MARTIAL (§§ 38-2-1022 — 38-2-1029) › Section 38-2-1024 - Convening of summary courts-martial

(a)
Summary courts-martial may be convened by:
(1)
Any person authorized to convene a special court-martial under subsection (a) of Code Section
38-2-1023
; or
(2)
Any commander in the grade of O-6 or above.
(b)
If any individual listed in subsection (a) of this Code section is an accuser, the summary court-martial shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
(c)
The Governor, or the adjutant general by delegation of the Governor, may, by written order, further limit who may convene actions under this Code section.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 5 - COMPOSITION OF COURT-MARTIAL (§§ 38-2-1022 — 38-2-1029) › Section 38-2-1026 - Military judge

(a)
A military judge shall be detailed to each general and special court-martial by the authority convening a general or special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
(b)
A military judge shall be:
(1)
An active or retired commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof;
(2)
A member in good standing of the bar of the highest court of another state or a member of the bar of a federal court for at least five years; and
(3)
Certified as qualified for duty as a military judge by the judge advocate general of the army, air force, or navy and the state judge advocate.
(c)
In the instance when a military judge is not a member of the bar of the highest court of this state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the state judge advocate setting forth such qualifications as provided for in subsection (b) of this Code section.
(d)
The military judge of a general or special court-martial shall be designated by the state judge advocate, or a designee, for detail by the convening authority. Neither the convening authority nor any primary staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.
(e)
Whenever possible, the military judge of a general or special court-martial shall be of the same branch of service as the accused.
(f)
No person shall be eligible to act as military judge in a case if that person is the accuser or a witness or has acted as investigating officer or a counsel in the same case.
(g)
The military judge of a court-martial shall not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel and shall not vote with the members of the court.
(h)
If no person who meets the qualifications to serve as military judge under this Code section is readily available in the sole discretion of the state judge advocate, a law officer shall be appointed. A law officer may serve in place of a military judge provided he or she meets the qualifications as provided for in paragraphs (1) and (2) of subsection (b) of this Code section and is approved for such service, in writing, by the state judge advocate.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 5 - COMPOSITION OF COURT-MARTIAL (§§ 38-2-1022 — 38-2-1029) › Section 38-2-1027 - Trial counsel and assistants

(a)
(1)
For each general and special court-martial the convening authority shall detail a trial counsel and such assistants as appropriate.
(2)
For each general and special court-martial, if the United States Army Trial Defense Services or a similar entity exists, such entity shall detail defense counsel and such assistants as are appropriate. If no appropriate such entity exists, the convening authority shall detail defense counsel and such assistants as are appropriate.
(3)
No person who has acted as investigating officer, military judge, a witness, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.
(b)
Except as provided in subsection (c) of this Code section, trial counsel or defense counsel detailed for a general or special court-martial shall be a judge advocate.
(c)
In the instance where a defense counsel is not a member of the bar of the highest court of this state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(1)
A commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof;
(2)
A member in good standing of the bar of the highest court of another state; and
(3)
Certified as a judge advocate in the judge advocate general's corps of the army, air force, navy, or the marine corps.
(d)
Nothing in this Code section shall preclude the accused from hiring a civilian attorney who is a member of the bar of this state or who has been admitted pro hac vice. Such attorney shall serve the accused at no cost to another state or the federal government.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 5 - COMPOSITION OF COURT-MARTIAL (§§ 38-2-1022 — 38-2-1029) › Section 38-2-1028 - Appointment of court reporters and interpreters

Under such regulations as may be prescribed by the Governor pursuant to Part 1 of Article 2 of this chapter, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 5 - COMPOSITION OF COURT-MARTIAL (§§ 38-2-1022 — 38-2-1029) › Section 38-2-1029 - Absent and additional members; not less than six members required; disability of judge

(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 unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
(b)
Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below six members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than six members. The trial shall 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 six members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than six members. The trial shall proceed with the new members present as if no evidence had been introduced previously 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, 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, subject to any applicable conditions of subparagraph (B) of paragraphs (1) and (2) of Code Section
38-2-1016
, 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 6 - PRETRIAL PROCEDURE (§§ 38-2-1030 — 38-2-1035) › Section 38-2-1030 - Charges and specification

(a)
Charges and specifications shall be signed by a person subject to this article under oath before a commissioned officer authorized by Code Section
38-2-1136
to administer oaths and shall state:
(1)
That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(2)
That the same are true in fact to the best of the signer's knowledge and belief.
(b)
Upon the preferring of charges, the convening authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
(c)
The preferring of charges and findings and sentence of a general court-martial or special court-martial, or other disposition of the charges of the general court-martial or special court-martial, shall be reported to the Georgia Crime Information Center. The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the means, manner, and methods of such reporting to the Georgia Crime Information Center.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 6 - PRETRIAL PROCEDURE (§§ 38-2-1030 — 38-2-1035) › Section 38-2-1031 - Compulsory self-incrimination prohibited

(a)
No person subject to this article shall compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
(b)
No person subject to this article shall interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial.
(c)
No person subject to this article shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade him or her.
(d)
No statement obtained from any person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement shall be received in evidence against him or her in a trial by court-martial.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 6 - PRETRIAL PROCEDURE (§§ 38-2-1030 — 38-2-1035) › Section 38-2-1033 - Forwarding of charges

When a person is held for trial by general court-martial, the commanding officer shall, within three days after the accused is ordered into arrest or confinement, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 6 - PRETRIAL PROCEDURE (§§ 38-2-1030 — 38-2-1035) › Section 38-2-1034 - Advice of staff judge advocate and reference for trial; corrections

(a)
Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to the staff judge advocate of the service of the accused for consideration and advice. The convening authority shall not refer a specification under a charge to a general or special court-martial for trial unless the convening authority has been advised in writing by the staff judge advocate of the service of the accused that:
(1)
The specification alleges an offense under this article;
(2)
The specification is warranted by the evidence indicated in the report of investigation as provided for under Code Section
38-2-1032
, 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) of this Code section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate:
(1)
Expressing conclusions with respect to each matter set forth in subsection (a) of this Code section; 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, may be made.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 6 - PRETRIAL PROCEDURE (§§ 38-2-1030 — 38-2-1035) › Section 38-2-1035 - Service of copy of charges; time period before trial

The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No person shall, against his or her objection, be brought to trial before a general court-martial case within a period of five days after the service of charges upon him or her, or before a special court-martial case within a period of three days after the service of charges upon him or her.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1036 - Governor may prescribe rules and regulations

Pretrial, trial, and post-trial procedures, including, but not limited to, modes of proof, for courts-martial cases arising under this article and for courts of inquiry shall be prescribed by the Governor, or the adjutant general by delegation of the Governor, by regulations issued pursuant to Part 1 of Article 2 of this chapter, or as otherwise provided by law, which shall apply the principles of law generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this article.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1037 - 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 such court or any member, the military judge, counsel, or witness thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his or her functions in the conduct of the proceedings. No person subject to this article shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry 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 their judicial acts.
(b)
Subsection (a) of this Code section shall not apply with respect 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, summary court-martial officer, or counsel.
(c)
In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the organized militia is qualified to be advanced in grade, of determining the assignment or transfer of a member of the organized militia, or of determining whether a member of the organized militia should be retained on active status, no person subject to this article shall, in preparing any such report:
(1)
Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or
(2)
Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1039 - Calling court into session without presence of members; purpose

(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 shall, subject to Code Section
38-2-1035
, 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 article, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3)
Holding the arraignment and receiving the pleas of the accused; and
(4)
Performing any other procedural function which does not require the presence of the members of the court under this article.
(b)
The proceedings as provided for by subsection (a) of this Code section 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. Such proceedings shall be conducted notwithstanding the number of court members and without regard to Code Section
38-2-1029
.
(c)
When the members of a court-martial deliberate or vote, only the members shall be present. All other proceedings, including, but not limited to, 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 the military judge.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1040 - Granting continuance

The military judge of a court-martial or a summary court-martial officer may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1041 - Challenges for cause; order of presentation; peremptory challenges

(a)
(1)
The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, if one, or the court shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2)
If exercise of a challenge for cause reduces the court below the minimum number of members required by Code Section
38-2-1016
, all parties shall, notwithstanding Code Section
38-2-1029
, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court; provided, however, that peremptory challenges shall not be exercised at such time.
(b)
(1)
Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge shall not be challenged except for cause.
(2)
If exercise of a peremptory challenge reduces the court below the minimum number of members required by Code Section
38-2-1016
, the parties shall, notwithstanding Code Section
38-2-1029
, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.
(3)
Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1042 - Oaths

(a)
Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation to perform their duties faithfully. The form of such oath or affirmation, the time and place of the taking thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for all cases in which such duties are to be performed or for a particular case, shall be as prescribed in regulations issued pursuant to Part 1 of Article 2 of this chapter or as provided by law. Such regulations shall provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation 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 court-martial shall be examined under oath or affirmation.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.