reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:102. Article 2. Persons subject to this Code

RS 29:102 - Article 2. Persons subject to this Code
A. This Code applies to all members of the state military forces at all times and in all places. A court-martial or court of inquiry may be convened and held in a unit of the state military forces serving outside the state, and the court has the same jurisdiction and powers as if the court-martial or court of inquiry were held within the state. An offense committed outside the state may be tried and punished outside the state or within the state. For members of the state military forces on active duty service in the Army National Guard of the United States under Title 10, United States Code, this Code shall apply if the federal convening authority declines to convene a court-martial under the Uniform Code of Military Justice.
B. The processing of charges and all proceedings, including trial, may be conducted without regard to the duty status of the accused.
C. Subject matter jurisdiction for judicial or nonjudicial punishment exists if there is a clear and convincing nexus between an offense under this Code and the state military force. When a member is in a duty status under either Title 32 of the United States Code or state active duty under R.S. 29:7, there shall be a rebuttable presumption that subject matter jurisdiction exists.
D. This Code applies to all persons in custody of a federal, state, or local penal institution while serving a sentence imposed by a court-martial convened under this Chapter.
Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 1999, No. 284, §2; Acts 2017, No. 75, §1, eff. June 8, 2017; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:103. Article 3. Jurisdiction to try certain personnel

RS 29:103 - Article 3. Jurisdiction to try certain personnel
A. Subject to Article 43 of this Code, a person who is in a status in which the person subject to this Chapter and who committed an offense against this Chapter while formerly in a status in which the person was subject to this Chapter is not relieved from amenability to the jurisdiction of this Chapter for that offense by reason of a termination of that person's former status.
B. Each person discharged from the state military forces who is later charged with having fraudulently obtained his discharge is 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 he is subject to trial by court-martial for all offenses under this Code committed before the fraudulent discharge.
C. 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.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:106. Article 6. Judge advocates and legal officers

RS 29:106 - Article 6. Judge advocates and legal officers
A. The adjutant general shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must have been a member of the bar of the highest court of the state for at least five years.
B. The adjutant general shall appoint judge advocates and legal officers upon the recommendation of the state judge advocate. To be eligible for appointment, judge advocates and legal officers must be officers of the state military forces and members of the bar of a federal court or of the highest court of a state.
C. The state judge advocate or his assistants shall make frequent inspections in the field in supervision of the administration of military justice.
D. Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.
E.(1) No person who, with respect to a case, serves in a capacity specified in Paragraph (2) of this Subsection may later serve as a judge advocate or legal officer to any reviewing or convening authority upon the same case.
(2) The capacities referred to in Paragraph (1) of this Subsection are, with respect to the case involved, any of the following:
(a) Preliminary hearing officer, court member, military judge, military magistrate, or appellate judge.
(b) Counsel who have acted in the same case or appeared in any proceeding before a military judge, military magistrate, preliminary hearing officer, or appellate court.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:106a. Article 6a. Investigation and disposition of matters pertaining to the fitness of military judges

RS 29:106a - Article 6a. Investigation and disposition of matters pertaining to the fitness of military judges
Procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military magistrate to perform the duties of the position involved shall be determined in accordance with procedures or regulations prescribed in Article 36 of this Code.
Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:107. Article 7. Apprehension

RS 29:107 - Article 7. Apprehension
A. Apprehension is the taking of a person into custody.
B. Any person authorized by this code or by Chapter 47 of Title 10, United States Code, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any civil officer or peace officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
C. Commissioned officers, warrant officers, petty officers and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:108. Article 8. Warrant of arrest, issuance, contents, service

RS 29:108 - Article 8. Warrant of arrest, issuance, contents, service
A. A warrant of arrest for the purposes of securing the presence of an accused at any court-martial proceedings or in execution of a sentence of confinement may be issued by a special or general court-martial convening authority.
B. The warrant issued under this Article shall:
(1) Be in writing and be in the name of the state of Louisiana;
(2) State the date when issued and the municipality or parish where issued;
(3) State the name and rank of the person to be arrested;
(4) State the offense charged against the person to be arrested;
(5) Command that the person against whom the complaint was made be arrested, conducted to a designated civil or military facility under the control of the state or federal government, placed in custody as directed, and booked; and
(6) Be signed by an authorized officer of the armed forces of this state.
The warrant of arrest shall specify the amount of bail.
C. The warrant shall be directed to all peace officers in the state and provost marshal of the armed forces of the state or the federal government. Such officers shall have the power and authority to conduct the arrested person to the designated facility without regard to territorial jurisdiction.
Added by Acts 1980, No. 214, §1. Acts 1992, No. 530, §1, eff. July 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:109. Article 9. Imposition of restraint

RS 29:109 - Article 9. Imposition of restraint
A. Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
B. 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. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
C. A commissioned officer or a warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he 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 may not be delegated.
D. No person may be ordered into arrest or confinement except for probable cause.
E. This Section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Acts 1974, No. 621, §1. Amended by Acts 1978, No. 166, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:110. Article 10. Restraint of persons charged

RS 29:110 - Article 10. Restraint of persons charged
A.(1) Subject to Paragraph (2) of this Subsection, any person subject to this Chapter who is charged with an offense under this Chapter may be ordered into arrest or confinement as the circumstances require.
(2) When a person subject to this Chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily should not be ordered into confinement.
B.(1) When a person subject to this Chapter is ordered into arrest or confinement before trial, immediate steps shall be taken:
(a) To inform the person of the specific offense of which the person is accused.
(b) To try the person or to dismiss the charges and release the person.
(2) The procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under Article 32 of this Code, shall be determined through rules and regulations prescribed under Article 36 of this Code.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:111. Article 11. Place of confinement, reports and receiving of prisoners

RS 29:111 - Article 11. Place of confinement, reports and receiving of prisoners
A. Persons confined other than in a guard house, whether before or during trial by court-martial, shall be confined in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the state, or which the state may be allowed to use.
B. No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a place of confinement designated in Subsection A of this Section, may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner.
C. Every commander of a guard, master at arms, warden, keeper, or officer of a place of confinement designated in Subsection A of this Section, to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:113. Article 13. Punishment prohibited before trial

RS 29:113 - Article 13. Punishment prohibited before trial
No person being held in pretrial confinement may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence at trial, but he may be subjected to minor punishment during that period for infractions of discipline.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:114. Article 14. Delivery of offenders to civil authorities

RS 29:114 - Article 14. Delivery of offenders to civil authorities
A. Under such regulations as may be prescribed, a person subject to this code who is on duty status who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
B. When delivery under this Article 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, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities of his offense shall, upon the request of competent military authority, be returned to the place of original custody for the completion of his sentence.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:114A. Article 14a. Bail

RS 29:114A - Article 14a. Bail
A. Any person in confinement charged with or convicted of an offense under this code is entitled to bail pending finality of the sentence. The amount of such bail shall be fixed by the convening authority who ordered the confinement and shall not exceed two hundred fifty dollars by a summary court-martial convening authority, one thousand dollars by a special court-martial convening authority, and two thousand dollars by a general court-martial convening authority. Any person in confinement may invoke the supervisory jurisdiction of a military judge on the claim that the convening authority has improperly refused bail or a reduction of bail.
B. Factors in determining amount of bail. The amount of bail shall be such as in the judgment of the convening authority will insure the presence of the accused before the proper court martial, having regard to:
(1) The seriousness of the offense charged;
(2) The weight of the evidence against the defendant;
(3) The previous criminal record of the defendant;
(4) The ability of the defendant to give bail; and
(5) Any other circumstances affecting the probability of the defendant's appearance.
C. An order fixing the amount of bail shall be in writing, specify the amount of the bail, and designate the officer or officers authorized to accept the bail, and must be signed by the convening authority.
D. The qualifications of sureties, the bail undertaking the various types of bail authorized, the rights of surety, the surrender or arrest of the accused, and the exoneration of the surety, shall be governed by the applicable Louisiana law.
E. Proceedings relating to the forfeiture of bail and the collection thereof shall be conducted by the appropriate district attorney under the applicable Louisiana law, before the district court of the district in which the court-martial proceeding was held.
Added by Acts 1975, No. 577, §1; Acts 1992, No. 530, §1, eff. July 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:116. Article 16. Courts-martial classified

RS 29:116 - Article 16. Courts-martial classified
A. The three kinds of courts-martial in the state military forces are:
(1) General courts-martial, consisting of:
(a) A military judge and not less than eight members, subject to Article 29 of this Code; 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 only of a military judge and the military judge approves the request.
(2)(a) Special courts-martial, consisting of a military judge and not less than six members, subject to Articles 25(E)(3) and 29 of this Code; or
(b) Only a military judge, under either of the following methods:
(i) If the case is so referred by the convening authority, subject to Article 19(D) of this Code and such limitations as may be set forth in rules or regulations prescribed under Article 36 of this Code.
(ii) If the case is referred under Subparagraph (a) of this Paragraph and, 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 only of a military judge and the military judge approves the request.
(3) Summary courts-martial, consisting of one commissioned officer.
B. A waiver of the right to a trial by members may be waived by the accused, but such waiver shall be exercised no later than forty-five days prior to commencement of trial on the merits in the court-martial. A waiver, once exercised, may not be revoked by the accused.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2017, No. 75, §1, eff. June 8, 2017; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:117. Article 17. Jurisdiction of courts-martial in general

RS 29:117 - Article 17. Jurisdiction of courts-martial in general
Each component of the state military forces has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one component over personnel of another component of the same state's military forces shall be in accordance with applicable regulations.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:118. Article 18. General courts-martial

RS 29:118 - Article 18. General courts-martial
A. Subject to Article 17 of this Code, general courts-martial have jurisdiction to try persons subject to this Chapter for any offense made punishable by this Chapter and may, under such limitations as the adjutant general may prescribe, adjudge any punishment not forbidden by this Chapter.
B. In the National Guard not in federal service, general courts-martial may be convened by the governor or the adjutant general.
C. A general court-martial may sentence to:
(1) A fine of not more than one thousand dollars.
(2) Forfeiture of pay and allowances.
(3) A reprimand.
(4) Dismissal, bad-conduct discharge, or dishonorable discharge.
(5) Reduction of a noncommissioned officer to the ranks.
(6) Confinement of not more than two years.
(7) Any combination of these punishments.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 1993, No. 771, §1; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:119. Article 19. Special courts-martial

RS 29:119 - Article 19. Special courts-martial
A. Subject to Article 17 of this Code, special courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code. A special courts-martial may not try a commissioned officer.
B. In the National Guard not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority.
C. A special court-martial may sentence to:
(1) A fine of not more than two hundred dollars.
(2) Forfeiture of pay and allowances.
(3) A reprimand.
(4) Bad-conduct discharge or dishonorable discharge.
(5) Reduction of a noncommissioned officer to the ranks.
(6) Confinement of not more than twelve months.
(7) Any combination of these punishments.
D. If the charges and specifications are referred to a special court-martial consisting of a military judge alone under Article 16(A)(2)(b) of this Code:
(1) The military judge may not sentence an accused to a bad-conduct discharge, nor confinement of more than six months, nor forfeiture of pay for more than six months.
(2) With the consent of the parties, the military judge may appoint a military magistrate to preside over the special court-martial.
Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:120. Article 20. Summary courts-martial

RS 29:120 - Article 20. Summary courts-martial
A. Subject to Article 17 of this Code, summary courts-martial have jurisdiction to try persons subject to this Chapter, except commissioned officers, warrant officers, and cadets, for any offense made punishable by this Chapter. No person may be brought to trial before summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate.
B. In the National Guard not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a 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.
C. A summary court-martial may sentence to:
(1) Confinement of not more than thirty days;
(2) Reduction of enlisted personnel to the lowest grade;
(3) A fine of not more than one hundred dollars;
(4) Forfeiture of up to one month pay and allowances;
(5) A reprimand; or
(6) Any combination of these punishments.
Acts 1974, No. 621, §1. Amended by Acts 1978, No. 166, §3; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2017, No. 75, §1, eff. June 8, 2017; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:121. Article 21. Confinement instead of fine

RS 29:121 - Article 21. Confinement instead of fine
A. In the national guard not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine or combination thereof.
B. In no case shall the confinement imposed under this provision exceed the maximum confinement as provided by Article 18 of this Code.
Acts 1992, No. 530, §1, eff. July 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:122. Article 22. Who may convene general courts-martial

RS 29:122 - Article 22. Who may convene general courts-martial
General courts-martial may be convened by the governor or the adjutant general.
Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:123. Article 23. Who may convene special courts-martial

RS 29:123 - Article 23. Who may convene special courts-martial
Special courts-martial may be convened by any person who may convene a general court-martial, an officer of general or flag rank in command, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, naval base or station, or other place where members of the state military forces are on duty, or of a brigade, regiment, wing, group, vessel, detached battalion, separate squadron, or other detached command. If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him. The governor may by regulations restrict the authority to convene special courts-martial to designated commands and attach units thereto for the administration of military justice.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:124. Article 24. Who may convene summary courts-martial

RS 29:124 - Article 24. Who may convene summary courts-martial
A. Summary courts-martial may be convened by any person who may convene a general or special court-martial, and the commanding officer of a detached company or other detachment.
B. When only one commissioned officer is present with a command or detachment he shall be the summary courts-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.
C. The governor may by regulations restrict the authority to convene summary courts-martial to designated commands and attach units thereto for the administration of military justice.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:126. Article 26. Military judge of a general or special court-martial

RS 29:126 - Article 26. Military judge of a general or special court-martial
A. The authority convening a general or a special court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he has been detailed.
B. A military judge shall be a commissioned officer of a state military force who is a member of the bar of the highest court of a state, or a member of the bar of a federal court, and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty by the state judge advocate.
C.(1) In accordance with rules prescribed under Article 36 of this Code, a military judge of a general or special court-martial shall be designated for detail by the state judge advocate.
(2) A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform duties of a judicial or nonjudicial nature other than those relating to the officer's primary duty as a military judge of a general court-martial when such duties are assigned to the officer by or with the approval of the state judge advocate.
D. No person is eligible to act as a military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer, preliminary hearing officer, or as a counsel in the same case.
E. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with members of the court.
F. A military judge may be detailed under Subsection A of this Section to a court-martial or a proceeding under Article 30a of this Code that is convened in a different armed force or another state military force, when so permitted by the state judge advocate.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:126a. Article 26a. Military magistrates

RS 29:126a - Article 26a. Military magistrates
A. A military magistrate shall be a commissioned officer of the state military forces who:
(1) Is a member of the bar of a federal court or a member of the bar of the highest court of a state; and
(2) Is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military magistrate by the state judge advocate.
B. In accordance with the Federal Rules of Courts-Martial or regulations prescribed by the governor or adjutant general, in addition to duties when designated under Article 19 or 30a of this Code, a military magistrate may be assigned to perform other duties of a nonjudicial nature.
Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:127. Article 27. Detail of trial counsel and defense counsel

RS 29:127 - Article 27. Detail of trial counsel and defense counsel
A.(1) For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case.
(2) No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve 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. Trial counsel or defense counsel detailed for a general court-martial:
(1) Must be a person who is a member of the bar of the highest court of a state, or a member of the board of a federal court; and
(2) Must be certified as competent to perform such duties by the state judge advocate.
C.(1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in Subsection B of this Article.
(2) Trial counsel and assistant defense counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such duties by the state judge advocate or the Judge Advocate General of the United States Army or United States Air Force.
(3) If the trial counsel is a member of the bar of the highest court of a state, the defense counsel detailed by the convening authority must be one of the foregoing.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:128. Article 28. Detail or employment of reporters and interpreters

RS 29:128 - Article 28. Detail or employment of reporters and interpreters
Under such regulations prescribed under Article 36 of this Code, 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 of a court-martial or court of inquiry may detail or employ interpreters who shall interpret for the court.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:129. Article 29. Assembly and impaneling of members; detail of new members and military judges

RS 29:129 - Article 29. Assembly and impaneling of members; detail of new members and military judges
A. The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused:
(1) As a result of a challenge.
(2) Under Subparagraph (B)(1)(b) of this Article.
(3) By order of the military judge or the convening authority for disability or other good cause.
B.(1) Under rules prescribed under Article 36 of this Code, the military judge or a general or special court-martial with members shall:
(a) After determination of challenges, impanel the court-martial; and
(b) Excuse members who, having been assembled, are not impaneled.
(2) In a general court-martial, the military judge shall impanel eight members.
(3) In a special court-martial, the military judge shall impanel six members.
C. In addition to members under Subsection B of this Article, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
D. If, after members are impaneled , the membership of the court-martial is reduced to fewer than six members with respect to a general or special court-martial, the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient to provide the membership specified in this Article.
E. If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.
F.(1) In the case of new members under Subsection D of this Article, the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, and counsel for both sides.
(2) In the case of a new military judge under Subsection E of this Article, the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:130. Article 30. Charges and specifications

RS 29:130 - Article 30. Charges and specifications
A. Charges and specifications:
(1) May be preferred only by a person subject to this Chapter; and
(2) Shall be preferred by presentment in writing, signed under oath before a commissioned officer of the state military forces who is authorized to administer oaths.
B. The writing under Subsection A of this Article shall state that:
(1) The signer has personal knowledge of, or has investigated, that matter set forth in the charges and specifications; and
(2) The matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.
C. When charges and specifications are preferred under Subsection A of this Article, the proper authority shall, as soon as practicable:
(1) Inform the person accused of the charges and specifications.
(2) Determine what disposition shall be made of the charges and specifications in the interest of justice and discipline.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:130a. Article 30a. Certain proceedings conducted before referral

RS 29:130a - Article 30a. Certain proceedings conducted before referral
A.(1) Proceedings may be conducted to review, or otherwise act on the following matters before referral of charges and specification to court-martial for trial in accordance with rules or regulations prescribed under Article 36 of this Code.
(a) Pre-referral investigative subpoenas.
(b) Pre-referral warrants or orders for electronic communications.
(c) Pre-referral matters referred by an appellate court.
(2) If any matter in a proceeding under this Article becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed in the court-martial.
B. Military judges may be detailed to proceedings under Paragraph (A)(1) of this Article in accordance with regulations prescribed under Article 36 of this Code. A Section, other than a proceeding described in Subparagraph (A)(1)(b) of this Article, may designate a military magistrate to preside over the proceedings.
Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:131. Article 31. Compulsory self incrimination prohibited

RS 29:131 - Article 31. Compulsory self incrimination prohibited
A. No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
B. No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
C. 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 him.
D. No statement obtained from any person in violation of this Section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:133. Article 33. Forwarding of charges

RS 29:133 - Article 33. 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, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that person the reasons for delay.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:134. Article 34. Advice to convening authority before referral for trial

RS 29:134 - Article 34. Advice to convening authority before referral for trial
A. General court-martial. (1) Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the state judge advocate for advice, which the state judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the state judge advocate advises the convening authority in writing that:
(a) The specification alleges an offense under this Code;
(b) There is probable cause to believe that the accused committed the offense charged; and
(c) A court-martial would have jurisdiction over the accused and the offense.
(2) Together with the written advice provided under Paragraph (1) of this Subsection, the state judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of this specification in the interest of justice and discipline.
(3) When a convening authority makes a referral for trial by general court-martial, the written advice of the state judge advocate under Paragraph (1) of this Subsection and the written recommendation of the state judge advocate under Paragraph (2) of this Subsection with respect to each specification shall accompany the referral.
B. Special court-martial. Before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues.
C. Before referral for trial by general court-martial or special court-martial, changes may be made to charges and specifications:
(1) To correct errors in form; and
(2) When applicable, to conform to the substance of the evidence contained in a report under Article 32(C) of this Code.
D. In this Article, the term "referral" means the order of a convening authority that charges and specifications against an accused be tried by a specified court-martial.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:135. Article 35. Service of charges; commencement of trial

RS 29:135 - Article 35. Service of charges; commencement of trial
A. The trial counsel detailed for a court-martial under Article 27 of this Code shall cause to be served upon the accused a copy of the charges and specifications referred for trial.
B.(1) Subject to Paragraph (2) of this Subsection, no trial or other proceeding of a general court-martial or a special court-martial, including any session under Article 39(A) of this Code may be held over the objection of the accused:
(a) With respect to a general court-martial, from the time of service through the fifth day after the date of service; or
(b) With respect to a special court-martial, from the time of service through the third day after date of service.
(2) An objection under Paragraph (1) of this Subsection may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under Subparagraphs (1)(a) or (b) of this Subsection. If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this Subsection.
C. Upon a showing of good cause, the military judge in a general or special court-martial may grant a continuance of any hearing in which the presence of the accused is required.
Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 2019, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:136. Article 36. Rules of procedure for courts-martial

RS 29:136 - Article 36. Rules of procedure for courts-martial
A. The procedure, in cases before military courts shall be the federal Rules for Courts-Martial, as published in the most recent version of the Manual for Courts-Martial, United States, except when such rules are contrary to or inconsistent with this code.
B. The modes of proof in cases before courts-martial under this code shall be the federal Military Rules of Evidence, as prescribed in the most recent version of the Manual for Courts-Martial, United States, except when such rules are contrary to or inconsistent with this code.
C. The governor or adjutant general may promulgate additional rules and regulations regarding courts-martial procedure. All rules and regulations made under this Section shall be uniform insofar as practicable.
Acts 1974, No. 621, §1; Acts 2017, No. 75, §1, eff. June 8, 2017.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:137. Article 37. Unlawfully influencing action of court

RS 29:137 - Article 37. Unlawfully influencing action of court
A. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by an 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 his judicial acts. The foregoing provisions of this Subsection 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) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
B. In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the state military force is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military force, or in determining whether a member of the state military force should be retained on active duty, no person subject to this code may, in preparing any such report:
(1) consider or evaluate the performance of duty of any such member as a member of a court-martial, or
(2) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.
Acts 1974, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:138. Article 38. Duties of trial counsel and defense counsel

RS 29:138 - Article 38. Duties of trial counsel and defense counsel
A. The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.
B.(1) The accused has the right to be represented in his defense before a general or special court-martial or at a preliminary hearing under Article 32 of this Code as provided in this Subsection.
(2) The accused may be represented by civilian counsel if provided by him.
(3) The accused may be represented:
(a) By military counsel detailed under Article 27 of this Code; or
(b) By military counsel of his own selection if that counsel is reasonably available, as determined under regulations and rules of procedure prescribed under Article 36 of this Code.
(4) If the accused is represented by civilian counsel, the military counsel detailed or selected under Paragraph (3) of this Subsection shall act as associate counsel unless excused at the request of the accused.
(5) Except as provided under Paragraph (6) of this Subsection, if the accused is represented by military counsel of his own selection under Subparagraph (3)(b) of this Subsection, any military counsel detailed under Subparagraph (3)(a) of this Subsection shall be excused.
(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under Article 27 of this Code to detail counsel, in his sole discretion:
(a) May detail additional military counsel as assistant defense counsel; and
(b) If the accused is represented by military counsel of his own selection under Subparagraph (3)(b) of this Subsection, may approve a request from the accused that military counsel detailed under Subparagraph (3)(a) of this Subsection act as associate defense counsel.
C. In any court-martial proceeding resulting in a conviction, the defense counsel may:
(1) Forward for attachment to the record of proceedings a brief of such matters he determines should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.
(2) Take other action authorized by this Code.
D. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Article 27 of this Code, 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.
E. An assistant defense counsel of a general or special court-martial may perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.