reglab/statecodes huggingface dataset:
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29A - MILITARY CODE › Section 29A.104 - Application for relief.

29A.104 Application for relief.
1. A service member may, at any time during military service or within thirty days after discharge or termination of military service, apply to a court for relief in respect of any obligation or liability incurred by the service member prior to military service.
2. The court, after appropriate notice and hearing, unless in its opinion the ability of the service member to comply with the terms of the obligation or liability has not been materially affected by reason of military service, shall grant the following relief:
a. In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of the obligation during the applicant’s period of military service and, from the date of termination of the period of military service or from the date of application if made after termination of military service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of the combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, in equal installments during the combined period at the rate of interest on the unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as the court may consider just.
b. In the case of any other obligation or liability, a stay of the enforcement during the applicant’s period of military service and, from the date of termination of the period of military service or from the date of application if made after termination of the period of military service, for a period of time equal to the period of military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, in equal periodic installments during the extended period at the rate of interest prescribed for the obligation or liability, if paid when due, and subject to other terms the court considers to be reasonable and just.
3. When any court has granted a stay as provided in this section, a fine or penalty shall not accrue for failure to comply with the terms or conditions of the obligation or liability for which the stay was granted during the period the terms and conditions of the stay are complied with.
2002 Acts, ch 1117, §38, 40
Referred to in §29A.100, 29A.101, 29A.105
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29A - MILITARY CODE › Section 29A.105 - Applicability — contrary law.

29A.105 Applicability — contrary law.
Sections 29A.90 through 29A.104 apply notwithstanding any contrary provision of state law, which may include but is not limited to Titles XIII, XIV, and XV.
2002 Acts, ch 1117, §39, 40
Referred to in §29A.100
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.1 - Persons subject to code — definitions — short title.

29B.1 Persons subject to code — definitions — short title.
1. A person shall not be punished for an offense under this chapter unless the person is a member of the military forces of the state and any of the following applies:
a. The person is on national guard duty or state active duty, including between consecutive drill periods which are less than twenty-four hours apart. For purposes of this paragraph, a member of the state military forces is on national guard duty or state active duty during travel to or from the member’s duty location.
b. (1) The person is not on national guard duty or state active duty but a nexus exists between the offense and the military forces of the state. Only a commanding officer holding a position in the grade of 0-6 and above may impose nonjudicial punishment for an offense subject to this paragraph.
(2) For purposes of this paragraph, the military forces of the state shall have the burden to show the existence of a nexus by a preponderance of the evidence and the term nexus shall be liberally construed in favor of finding the existence of a nexus.
2. As used in this chapter, unless the context otherwise requires:
a. “Code” means this chapter.
b. “State military forces” means the same as defined in section 29A.6.
3. This chapter may be cited as the “Iowa Code of Military Justice”.
[C66, 71, 73, 75, 77, 79, 81, §29B.1; 82 Acts, ch 1042, §1]
2002 Acts, ch 1117, §41, 52; 2012 Acts, ch 1072, §21; 2017 Acts, ch 63, §2; 2021 Acts, ch 65, §2; 2021 Acts, ch 80, §15
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.2 - Jurisdiction to try personnel.

29B.2 Jurisdiction to try personnel.
1. Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to section 29B.44, subject to trial by court-martial on that charge and is after apprehension subject to this code while in the custody of the military for that trial. Upon conviction of that charge the person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
2. No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
3. A person who is charged with having committed an offense against this code may be called or ordered to duty for the purpose of investigation under section 29B.33, trial by court-martial, or nonjudicial punishment under section 29B.14.
4. A member of the state military forces who is subject to this code at the time of commission of an offense made punishable by this code is not relieved from amenability to the jurisdiction of this code by virtue of the termination of a period of duty.
[C66, 71, 73, 75, 77, 79, 81, §29B.2]
89 Acts, ch 82, §1; 2017 Acts, ch 54, §76; 2017 Acts, ch 63, §3
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.3 - Territorial applicability of code.

29B.3 Territorial applicability of code.
1. This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
2. Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state and offenses committed outside the state may be tried and punished either inside or outside the state.
[C66, 71, 73, 75, 77, 79, 81, §29B.3]
2019 Acts, ch 24, §104
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.4 - Apprehension.

29B.4 Apprehension.
1. “Apprehension” is the taking of a person into custody. Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
2. Commissioned officers, warrant officers, noncommissioned officers, and military police may quell quarrels, frays, and disorders among persons subject to this code and may apprehend persons subject to this code who take part therein.
[C54, 58, 62, §29.65; C66, 71, 73, 75, 77, 79, 81, §29B.4; 82 Acts, ch 1042, §2]
2019 Acts, ch 24, §104; 2022 Acts, ch 1032, §10
Subsection 1 amended
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.5 - Apprehension of deserters.

29B.5 Apprehension of deserters.
Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state military forces and deliver the deserter into the custody of the state military forces. If an offender is apprehended outside the state the offender’s return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
[C66, 71, 73, 75, 77, 79, 81, §29B.5]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.6 - Imposition of restraint.

29B.6 Imposition of restraint.
1. “Arrest” is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. “Confinement” is the physical restraint of a person.
2. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons.
3. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the officer’s command or subject to the officer’s authority into arrest or confinement.
4. A commissioned officer or a warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the commissioned or warrant officer is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
5. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until the proper authority is notified.
[C54, 58, 62, §29.66; C66, 71, 73, 75, 77, 79, 81, §29B.6, 29B.7; 82 Acts, ch 1042, §3]
2016 Acts, ch 1011, §7
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.7 - Probable cause.

29B.7 Probable cause.
A person shall not be ordered apprehended or into arrest or confinement except for probable cause.
[C54, 58, 62, §29.66; C66, 71, 73, 75, 77, 79, 81, §29B.7; 82 Acts, ch 1042, §4]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.8 - Restraint of persons charged with offenses.

29B.8 Restraint of persons charged with offenses.
Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest or confinement prior to trial, after charges are placed against the person, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person within sixty days of informing the accused or to dismiss the charges and release the person.
[C35, §467-f35; C39, §467.37; C46, 50, §29.37; C54, 58, 62, §29.67; C66, 71, 73, 75, 77, 79, 81, §29B.8]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.9 - Posting of bond.

29B.9 Posting of bond.
The accused may post bond in the amount ordered by the convening authority but not to exceed twice the authorized fine for such offense, however, no bond is permitted for capital offenses.
[C66, 71, 73, 75, 77, 79, 81, §29B.9]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.10 - Confinement in jails.

29B.10 Confinement in jails.
Persons confined other than in a guardhouse, whether before, during or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons.
[C66, 71, 73, 75, 77, 79, 81, §29B.10]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.11 - Reports and receiving of prisoners.

29B.11 Reports and receiving of prisoners.
Every commander of a guard, master-at-arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison, to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
[C54, 58, 62, §29.68; C66, 71, 73, 75, 77, 79, 81, §29B.11]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.12 - Punishment prohibited before trial.

29B.12 Punishment prohibited before trial.
Subject to section 29B.58, no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances require to insure the person’s presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
[C66, 71, 73, 75, 77, 79, 81, §29B.12]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.13 - Delivery of offenders to civil authorities.

29B.13 Delivery of offenders to civil authorities.
1. Under regulations as may be prescribed under this code a person subject to this code who is on national guard duty or state active duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
2. When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, shall be held to interrupt the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to military custody for the completion of the sentence.
[C35, §467-f61; C39, §467.63; C46, 50, §29.63; C54, 58, 62, §29.61; C66, 71, 73, 75, 77, 79, 81, §29B.13]
2002 Acts, ch 1117, §42, 52; 2004 Acts, ch 1086, §16; 2012 Acts, ch 1072, §22
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.15 - Courts-martial classified.

29B.15 Courts-martial classified.
1. In the state military forces there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.
2. The three kinds of courts-martial are:
a. General courts-martial, consisting of either of the following:
(1) A military judge and not less than five members.
(2) 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 in writing a court composed only of a military judge and the military judge approves.
b. Special courts-martial, consisting of any of the following:
(1) Not less than three members.
(2) A military judge and not less than three members.
(3) Only a military judge, if one has been detailed to the court, and the accused requests only a military judge under the same conditions as prescribed in subsection 2, paragraph “a”, subparagraph (2).
c. Summary courts-martial, consisting of one commissioned officer.
[C35, §467-f33, -f61; C39, §467.35, 467.63; C46, 50, §29.35, 29.63; C54, 58, 62, §29.69; C66, 71, 73, 75, 77, 79, 81, §29B.15; 82 Acts, ch 1042, §6]
2008 Acts, ch 1032, §201
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.16 - Jurisdiction of courts-martial in general.

29B.16 Jurisdiction of courts-martial in general.
1. Each force of the state military forces has court-martial jurisdiction over all persons subject to this code.
2. Courts-martial have primary jurisdiction of military offenses as defined in sections 29B.77 through 29B.116 of this code.
[C35, §467-f33, -f61; C39, §467.35, 467.63; C46, 50, §29.35, 29.63; C54, 58, 62, §29.69; C66, 71, 73, 75, 77, 79, 81, §29B.16]
2014 Acts, ch 1069, §1
Referred to in §29B.17, 29B.18
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.17 - Jurisdiction of general courts-martial.

29B.17 Jurisdiction of general courts-martial.
Subject to section 29B.16, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the adjutant general may prescribe, adjudge any one or a combination of the following punishments:
1. A fine of not more than five thousand dollars.
2. Forfeiture of not more than twenty days’ pay and allowances.
3. A reprimand.
4. Dismissal or dishonorable discharge.
5. Reduction of a noncommissioned officer to the ranks.
[C39, §467.33; C46, 50, §29.33; C54, 58, 62, §29.71; C66, 71, 73, 75, 77, 79, 81, §29B.17]
2008 Acts, ch 1026, §1; 2009 Acts, ch 41, §23
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.18 - Jurisdiction of special or summary courts-martial.

29B.18 Jurisdiction of special or summary courts-martial.
1. a. Subject to section 29B.16, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may have been punished under this code and may, under such limitations as the adjutant general may impose by rule, adjudge any one or a combination of the following punishments:
(1) A fine not exceeding two thousand five hundred dollars.
(2) Forfeiture of not more than twenty days’ pay and allowances.
(3) A reprimand.
(4) Dismissal or dishonorable discharge.
(5) Reduction of a noncommissioned officer to the ranks.
b. A special courts-martial shall not try a commissioned officer.
2. a. Subject to section 29B.16, summary courts-martial have jurisdiction to try persons subject to this code, for any offense made punishable by this code.
b. A person with respect to whom summary courts-martial have jurisdiction shall not be brought to trial before a summary court-martial if the person objects, unless under section 29B.14 the person has been permitted and has elected to refuse punishment under that section. If objection to trial by summary court-martial is made by an accused who has not been permitted to refuse punishment under section 29B.14, trial shall be ordered by special or general court-martial, as appropriate.
c. A summary court-martial may, under limitations the adjutant general imposes by rule, adjudge any of the following punishments:
(1) A fine of not more than one thousand dollars for a single offense.
(2) Forfeiture of not more than twenty days’ pay and allowances.
(3) Reduction of a noncommissioned officer to the ranks.
[C54, 58, 62, §29.72, 29.73; C66, 71, 73, 75, 77, 79, 81, §29B.18, 29B.24; 82 Acts, ch 1042, §7]
89 Acts, ch 82, §5; 2007 Acts, ch 22, §13; 2008 Acts, ch 1026, §2, 3
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.19 - Sentences of dismissal or dishonorable discharge to be approved by the governor.

29B.19 Sentences of dismissal or dishonorable discharge to be approved by the governor.
In the state military forces a sentence of dismissal or dishonorable discharge shall not be executed until it is approved by the governor.
[C54, 58, 62, §29.75; C66, 71, 73, 75, 77, 79, 81, §29B.19; 82 Acts, ch 1042, §8]
Referred to in §29B.128
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.20 - Complete record.

29B.20 Complete record.
A sentence imposing a dishonorable discharge, discharge under other than honorable conditions, dismissal, or confinement shall not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under this code was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. If a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason a military judge could not be detailed.
[C66, 71, 73, 75, 77, 79, 81, §29B.20; 82 Acts, ch 1042, §9]
2000 Acts, ch 1154, §5
Referred to in §29B.60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.21 - Confinement instead of fine.

29B.21 Confinement instead of fine.
In the state military forces, not on federal active duty, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each three dollars of the authorized fine.
[C35, §467-f35; C39, §467.37; C46, 50, §29.37; C54, 58, 62, §29.74; C66, 71, 73, 75, 77, 79, 81, §29B.21]
2012 Acts, ch 1072, §23
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.22 - Judge advocates and legal officers.

29B.22 Judge advocates and legal officers.
1. A judge advocate in the state military forces shall be a commissioned officer who is a member of the bar of the state. However, a judge advocate serving in the military forces of the state on April 22, 2002, who is not a member of the bar of the state shall not be required to become a member of the bar of the state to maintain military membership as a judge advocate. A judge advocate shall be either a federally recognized judge advocate or appointed as a judge advocate in the state military forces by the adjutant general.
2. The adjutant general shall designate a staff judge advocate for the army national guard and the air national guard. The adjutant general may appoint the number of judge advocates of the state military forces as the adjutant general considers necessary to perform state active duty to supplement or replace national guard judge advocates in emergencies or when the national guard judge advocates are on federal active duty.
3. Convening authorities shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice; and the staff judge advocate of any command may communicate directly with the staff judge advocate of any command.
4. No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
[C66, 71, 73, 75, 77, 79, 81, §29B.22]
2002 Acts, ch 1117, §43, 52; 2003 Acts, ch 44, §20; 2012 Acts, ch 1072, §24
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.23 - Who may convene general courts-martial.

29B.23 Who may convene general courts-martial.
In the state military forces general courts-martial may be convened by the governor, or by the adjutant general of the state of Iowa.
[C39, §467.33; C46, 50, §29.33; C54, 58, 62, §29.71; C66, 71, 73, 75, 77, 79, 81, §29B.23; 82 Acts, ch 1042, §10]
Referred to in §29B.128
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.24 - Who may convene special courts-martial.

29B.24 Who may convene special courts-martial.
In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the state military forces are on duty, or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. When any such officer is an accuser, the court shall be convened by superior competent authority.
[C54, 58, 62, §29.72; C66, 71, 73, 75, 77, 79, 81, §29B.24; 82 Acts, ch 1042, §11]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.25 - Summary courts-martial — who may convene.

29B.25 Summary courts-martial — who may convene.
1. In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the state military forces are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.
2. When only one commissioned officer is present with a command or detachment, the officer shall be the summary court officer of that command or detachment and shall hear and determine all summary court-martial cases.
[C54, 58, 62, §29.73; C66, 71, 73, 75, 77, 79, 81, §29B.25; 82 Acts, ch 1042, §12]
2019 Acts, ch 24, §104
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.26 - Who may serve on courts-martial.

29B.26 Who may serve on courts-martial.
1. a. Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before the courts for trial.
b. Any warrant officer of or on duty with the state military forces is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before the courts for trial.
c. Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before the courts for trial, but the enlisted member shall serve as a member of a court only if, before the end of any pretrial session that is held or if none is held before the convening of the court, the accused personally has requested in writing, that enlisted members serve on it. After such a request, the accused shall not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
d. In this section, the word “unit” means any regularly organized body of the state military forces.
2. When it can be avoided, a person subject to this code shall not be tried by a court-martial any member of which is junior to the person in rank or grade.
3. When convening a court-martial, the convening authority shall detail as members of the courts-martial persons who in the convening authority’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. A person is not eligible to serve as a member of a general or special court-martial when the person is the accuser or a witness for the prosecution or has acted as investigating officer, staff judge advocate, or as counsel in the same case. If a military judge is not appointed for a special court-martial and if a commissioned officer who is a member of the bar of the highest court of the state and of appropriate rank and grade is present and not otherwise disqualified and within the command of the convening authority, the convening authority shall appoint the commissioned officer as president of a special court-martial. Failure to meet this requirement does not divest a military court of jurisdiction.
[C66, 71, 73, 75, 77, 79, 81, §29B.26; 82 Acts, ch 1042, §13]
2015 Acts, ch 29, §5
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.27 - Military judge of a general court-martial.

29B.27 Military judge of a general court-martial.
1. The authority convening a general court-martial shall detail a military judge to the court-martial. Subject to rules of the adjutant general, the authority convening a special court-martial may detail a military judge to the court-martial. A military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
2. A military judge must be a commissioned officer of the state armed forces or a retired officer of the reserve components of the armed forces of the United States, a member of the bar of a federal court or a member of the bar of the highest court of the state, and certified to be qualified for the duty by the appropriate staff judge advocate of the state force concerned. The judge advocate responsible for certifying the military judge may recommend to the adjutant general that the adjutant general order to active duty retired personnel of the national guard or the United States armed forces who are qualified to act as military judges.
3. Unless the court-martial was convened by the governor neither the convening authority nor any member of the convening authority’s staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed to perform the duties of a military judge. A person is not eligible to act as a military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case. 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, nor shall the military judge vote with members of the court.
[C35, §467-f38; C39, §467.40; C46, 50, §29.40; C54, 58, 62, §29.79; C66, 71, 73, 75, 77, 79, 81, §29B.27; 82 Acts, ch 1042, §14]
2002 Acts, ch 1117, §44, 52; 2017 Acts, ch 54, §76
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.28 - Detail of trial counsel and defense counsel.

29B.28 Detail of trial counsel and defense counsel.
1. For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel and assistants the authority considers appropriate. A person who has acted as investigating officer, military judge, or court member in a case shall not act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel, or assistant defense counsel in the same case. A person who has acted for the prosecution shall not act later in the same case for the defense, nor shall a person who has acted for the defense act later in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a general court-martial must be a person who is a member of the bar of the highest court of the state and certified as competent for the duty by the staff judge advocate.
3. In the case of a special court-martial:
a. The accused has the right to be represented at the trial by counsel having the qualifications stated in this section unless counsel having such qualifications cannot be provided because of physical conditions or military exigencies. If such counsel cannot be provided, the court may be convened and the trial held, but the convening authority shall append a detailed written statement to the record stating why such counsel was not provided.
b. If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified.
c. If the trial counsel is a member of the bar of the highest court of the state, the defense counsel detailed by the convening authority must also be a member of the bar of the highest court of the state.
[C66, 71, 73, 75, 77, 79, 81, §29B.28; 82 Acts, ch 1042, §15]
2002 Acts, ch 1117, §45, 52; 2008 Acts, ch 1032, §201
Referred to in §29B.39, 29B.67
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.29 - Detail or employment of reporters and interpreters.

29B.29 Detail or employment of reporters and interpreters.
Under such regulations as the adjutant general may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ certified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
[C66, 71, 73, 75, 77, 79, 81, §29B.29]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.30 - Absent and additional members.

29B.30 Absent and additional members.
1. A member of a general or special court-martial shall not be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
2. If a general court-martial, except a general court-martial composed of a military judge only, is reduced below five members, the trial shall not proceed until the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the new members of the court in the presence of the military judge, the accused, and counsel for both sides.
3. If a special court-martial, except a special court-martial composed of a military judge only, is reduced below three members, the trial shall not proceed until the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court is read to the new members of the court in the presence of the military judge, if any, the accused, and counsel for both sides.
4. If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.30; 82 Acts, ch 1042, §16]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.31 - Charges and specifications.

29B.31 Charges and specifications.
1. Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:
a. That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
b. That they are true in fact to the best of the signer’s knowledge and belief.
2. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against the person as soon as practicable.
[C54, 58, 62, §29.64; C66, 71, 73, 75, 77, 79, 81, §29B.31]
2008 Acts, ch 1032, §201
Referred to in §29B.50
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.32 - Compulsory self-incrimination prohibited.

29B.32 Compulsory self-incrimination prohibited.
1. No person subject to this code may compel any person to make a self-incriminating statement or to answer any question the answer to which may tend to incriminate the person.
2. No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing the accused or suspect of the nature of the accusation and advising the accused or suspect that the accused or suspect 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 accused or suspect may be used as evidence against the accused or suspect in a trial by court-martial.
3. No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person.
4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial.
[C66, 71, 73, 75, 77, 79, 81, §29B.32]
2017 Acts, ch 54, §76
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.33 - Investigation.

29B.33 Investigation.
1. A charge or specification shall not be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth in the charge or specification is made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
2. The accused shall be advised of the charges and of the right to be represented at the investigation by counsel. Upon the accused’s own request the accused shall be represented by civilian counsel at the expense of the accused, or military counsel of the accused’s own selection if such counsel is reasonably available, or by counsel detailed by the convening authority. At that investigation full opportunity shall be given to the accused to cross-examine prosecution witnesses if they are available and to present anything the accused may desire in the accused’s own behalf, either in defense or mitigation, and the investigating officer shall examine witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed above, no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in the accused’s own behalf.
4. The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
[C66, 71, 73, 75, 77, 79, 81, §29B.33; 82 Acts, ch 1042, §17]
2017 Acts, ch 54, §76
Referred to in §29B.2
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.34 - Forwarding of charges.

29B.34 Forwarding of charges.
When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges directly to the person exercising general court-martial jurisdiction, together with the investigation and allied papers. If that is not practicable, the commanding officer shall report in writing to the adjutant general the reasons for delay.
[C66, 71, 73, 75, 77, 79, 81, §29B.34; 82 Acts, ch 1042, §18]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.35 - Advice of staff judge advocate and reference for trial.

29B.35 Advice of staff judge advocate and reference for trial.
1. Before directing the trial of any charge by general court-martial, the convening authority shall refer the charge to the appropriate staff judge advocate of the state force concerned for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless the authority has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
2. 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.35]
2002 Acts, ch 1117, §46, 52; 2019 Acts, ch 24, §104; 2020 Acts, ch 1062, §15
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.36 - Service of charges.

29B.36 Service of charges.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. The accused shall not be brought to trial before a general court-martial or be required to participate in a session before a military judge under section 29B.40 within a period of five days after the service of the charges upon the accused, or before a special court-martial within a period of three days after the service of the charges upon the accused, unless the accused consents otherwise.
[C66, 71, 73, 75, 77, 79, 81, §29B.36; 82 Acts, ch 1042, §19]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.37 - Adjutant general may prescribe rules.

29B.37 Adjutant general may prescribe rules.
The procedures, including modes of proof, in cases before military courts and other military tribunals shall be prescribed by the adjutant general by rule, but shall not be contrary to or inconsistent with this code. All courts and other proceedings shall be conducted under the procedural rules established under 10 U.S.C. ch. 47 unless otherwise provided in this code.
[C66, 71, 73, 75, 77, 79, 81, §29B.37; 82 Acts, ch 1042, §20]
2010 Acts, ch 1087, §2
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.38 - Unlawfully influencing action of court.

29B.38 Unlawfully influencing action of court.
1. The authority convening a general, special, or summary court-martial or any other commanding officer, or officer serving on the staff of the authority, shall not censure, reprimand, or admonish the court or any member, military judge, or counsel of the court, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or the court or military judge or counsel’s functions in the conduct of the proceeding. A person subject to this code shall not attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to the authority’s judicial acts. Any violation of this section shall be punished as a court-martial may direct.
2. In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used to determine whether a member of the state military force is qualified to be advanced in grade, reassigned, transferred, or retained on active duty, a person shall not do either of the following:
a. Consider or evaluate the performance of duty of the member as a member of a court-martial or military judge.
b. Give a less favorable rating or evaluation of a member of the state military forces because of the zeal with which the member, as counsel, represented an accused before a court-martial.
[C66, 71, 73, 75, 77, 79, 81, §29B.38; 82 Acts, ch 1042, §21]
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 29B - MILITARY JUSTICE › Section 29B.39 - Duties of trial counsel and defense counsel.

29B.39 Duties of trial counsel and defense counsel.
1. The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.
2. The accused has the right to be represented in the accused’s defense before a general or special court-martial by civilian counsel if provided at the expense of the accused, or by military counsel selected by the accused if reasonably available, or by the defense counsel detailed under section 29B.28. If the accused selects defense counsel, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as associate counsel for the accused; otherwise they shall be excused by the military judge or by the president of the court-martial if there is no military judge.
3. In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which the defense counsel considers appropriate.
4. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when the assistant is qualified to be a trial counsel as required by section 29B.28, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
5. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when the assistant is qualified to be the defense counsel as required by section 29B.28, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
[C66, 71, 73, 75, 77, 79, 81, §29B.39; 82 Acts, ch 1042, §22]
2017 Acts, ch 54, §76