reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 2 - (32.1007...32.1014) › Section 32.1011 - Refusal to Receive or Keep Prisoner Committed; Statement; Report to Commanding Officer of Prisoner; Taking Prisoner From Pretrial Custody of Person Other Than State Military Forces; Informing Prisoner of Charges and Right to Counsel.

32.1011 Refusal to receive or keep prisoner committed; statement; report to commanding officer of prisoner; taking prisoner from pretrial custody of person other than state military forces; informing prisoner of charges and right to counsel.
Sec. 11.
(1) A provost marshal, commander of a guard, warden, keeper, or officer of a place of confinement described in section 10, shall not refuse to receive or keep a prisoner committed to his or her charge when the committing person furnishes a statement, signed by that person, of the offense charged against the prisoner.
(2) Each commander of a guard, warden, keeper, or officer of a place of confinement described in section 10(4), to whose charge a prisoner is committed, not later than 24 hours after that commitment or as soon as he or she is relieved from guard, shall 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.
(3) If a prisoner is in pretrial custody of a person other than the state military forces, the commanding officer of the prisoner or his or her duly authorized representative, not later than 24 hours after receipt of notice of the confinement, shall take the prisoner from the custody and inform the prisoner of the charges and of the prisoner's right to counsel.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 2 - (32.1007...32.1014) › Section 32.1013 - Bail.

32.1013 Bail.
Sec. 13.
(1) Except as provided in section 15 of article I of the state constitution of 1963, a person charged with a violation under this code is entitled to bail.
(2) Before trial, a person is entitled to bail in an amount determined by the military judge.
(3) The amount of bail shall not be excessive, and the military judge shall consider all of the following:
(a) The nature of the offense charged.
(b) The past conduct of the accused.
(c) The financial ability of the accused.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 2 - (32.1007...32.1014) › Section 32.1014 - Trial by Court-Martial Limited to Certain Violations; Delivery of Person Subject to Code to Civil Authority for Trial; Conviction in Civil Tribunal; Return to Military Custody for Completion of Sentence of Court-Martial.

32.1014 Trial by court-martial limited to certain violations; delivery of person subject to code to civil authority for trial; conviction in civil tribunal; return to military custody for completion of sentence of court-martial.
Sec. 14.
(1) It is the intent of the legislature that trial by court-martial be limited to the violations defined in article 10.
(2) A person subject to this code who is on active state duty and who is accused of a criminal offense against civil authority shall be delivered, upon request, to the civil authority for trial.
(3) If delivery is made to a civil authority of a person undergoing sentence of a court-martial and the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, the offender, after having answered to the civil authorities for the offense and upon the request of competent military authority, shall be returned to military custody for the completion of his or her sentence.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 4 - (32.1016...32.1021) › Section 32.1016 - Kinds of Courts-Martial.

32.1016 Kinds of courts-martial.
Sec. 16.
The 3 kinds of courts-martial in the state military forces are:
(a) General courts-martial, consisting of a military judge and not less than 5 members; or 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 the military judge and the military judge approves.
(b) Special courts-martial consisting of a military judge and not less than 3 members; or only a military judge, if the accused under the same conditions as those prescribed in subdivision (a), requests a court composed only of the military judge.
(c) Summary courts-martial, consisting of 1 commissioned officer of field grade rank or above who is certified for that duty by the state judge advocate general and who is not a member of the accused's unit.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 1990, Act 300, Imd. Eff. Dec. 14, 1990 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 4 - (32.1016...32.1021) › Section 32.1017 - Attachment of Court-Martial Jurisdiction and Trial of Accused During Period of Active State Duty.

32.1017 Attachment of court-martial jurisdiction and trial of accused during period of active state duty.
Sec. 17.
(1) Court-martial jurisdiction over a person accused of an offense against this code attaches during a duly authorized period of active state duty.
(2) An accused will normally be tried for an offense during a duly authorized period of active state duty.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 4 - (32.1016...32.1021) › Section 32.1018 - General Court-Martial; Jurisdiction; Powers of Punishment.

32.1018 General court-martial; jurisdiction; powers of punishment.
Sec. 18.
A general court-martial has jurisdiction to try persons subject to this code for an offense made punishable by this code and may adjudge any of the following punishments:
(a) A fine of not more than $200.00 for a single offense.
(b) Forfeiture of pay and allowances of not more than $200.00 for a single offense.
(c) A reprimand.
(d) Dismissal or dishonorable discharge.
(e) Reduction of a noncommissioned officer to an inferior grade.
(f) A combination of the punishments under subdivisions (a) to (e).
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 4 - (32.1016...32.1021) › Section 32.1019 - Special Court-Martial; Jurisdiction; Powers of Punishment.

32.1019 Special court-martial; jurisdiction; powers of punishment.
Sec. 19.
A special court-martial has jurisdiction to try a person subject to this code, except an officer, for an offense for which the person may be punished under this code. A special court-martial has the same powers of punishment as a general court-martial except that the fine or forfeiture of pay and allowances imposed by a special court-martial may not be more than $100.00 for a single offense.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 4 - (32.1016...32.1021) › Section 32.1020 - Summary Court-Martial; Jurisdiction; Objection by Accused; Sentences.

32.1020 Summary court-martial; jurisdiction; objection by accused; sentences.
Sec. 20.
(1) A summary court-martial has jurisdiction to try a person subject to this code, except an officer, for an offense made punishable by this code.
(2) A person shall not be tried by a summary court-martial if, before trial, the person objects to a summary court-martial. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial, as appropriate.
(3) A summary court-martial may sentence a person to a fine of not more than $25.00 for a single offense, to forfeiture of pay and allowances of not more than $25.00 for a single offense, to reduction of an enlisted member to an inferior grade, or to a combination of these punishments.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 4 - (32.1016...32.1021) › Section 32.1021 - Court-Martial; Sentencing Person to Confinement Instead of Imposing Fine.

32.1021 Court-martial; sentencing person to confinement instead of imposing fine.
Sec. 21.
A court-martial, instead of imposing fine, may sentence a person to confinement for not more than 1 day for each dollar of the authorized fine.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1022 - General Court-Martial; Convening by Order of Governor or State Adjutant General.

32.1022 General court-martial; convening by order of governor or state adjutant general.
Sec. 22.
A general court-martial may be convened by order of the governor or the state adjutant general.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1023 - Special Court-Martial; Convening Authority.

32.1023 Special court-martial; convening authority.
Sec. 23.
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 division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene a special court-martial. A special court-martial may also be convened by superior competent authority. If the commanding officer is an accuser, the court shall be convened by superior competent authority.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1024 - Summary Court-Martial; Convening Authority.

32.1024 Summary court-martial; convening authority.
Sec. 24.
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 division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of 1 commissioned officer who meets the qualifications of section 16(c).
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1025 - Members for Courts-Martial; Selection; Eligibility; Qualifications.

32.1025 Members for courts-martial; selection; eligibility; qualifications.
Sec. 25.
(1) Members for all courts-martial shall be selected at random pursuant to regulations issued by the state adjutant general not inconsistent with this section.
(2) A commissioned officer on duty with the state military forces is eligible to serve on all courts-martial for the trial of a person who may lawfully be brought before the court-martial for trial.
(3) A warrant officer on duty with the state military forces is eligible to serve on general and special courts-martial for the trial of a person, other than a commissioned officer, who may lawfully be brought before the court-martial for trial.
(4) An 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 court-martial for trial, but the enlisted member shall serve as a member of a court only if, before the convening of the court, the accused personally requested in writing that enlisted members serve on the court-martial. After the request, the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least 1/3 of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If the 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 enlisted members could not be obtained.
(5) Unless unavoidable, a person subject to this code shall not be tried by a court-martial which has a member junior to the person in rank or grade. When convening a court-martial, the convening authority shall detail as a member of the court-martial a person who is best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. A person is not eligible to serve as a member of a general or special court-martial if the person is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1026 - General or Special Court-Martial; Military Judge.

32.1026 General or special court-martial; military judge.
Sec. 26.
(1) The person convening a general or special court-martial shall request the state judge advocate general to appoint a military judge to the general or special court-martial.
(2) The state judge advocate general may appoint an assistant judge advocate to serve as a military judge who is a commissioned officer, who is licensed to practice law in this state, and who is certified for that duty by the state judge advocate.
(3) The military judge 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 the members of the court.
(4) The military judge shall rule finally on all matters of law, rule finally on all motions, and except as otherwise provided, decide all other questions raised at the trial of the accused.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1027 - General and Special Court-Martial; Trial Counsel and Defense Counsel; Assistants.

32.1027 General and special court-martial; trial counsel and defense counsel; assistants.
Sec. 27.
(1) For each general and special court-martial, the authority convening the court shall request the state judge advocate to detail trial counsel and defense counsel, and those assistants as the convening authority considers appropriate. A person who has acted as investigating officer, military judge, or court member in any 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) Military trial counsel or military defense counsel for a general or special courts-martial shall be licensed to practice law in this state and certified as competent to perform those duties by the state judge advocate general.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1028 - General or Special Court-Martial; Court Reporters; Interpreters.

32.1028 General or special court-martial; court reporters; interpreters.
Sec. 28.
(1) The convening authority of a general or special courts-martial shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before the court-martial.
(2) The convening authority of a military court may detail or employ interpreters who shall interpret for the court-martial.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 5 - (32.1022...32.1029) › Section 32.1029 - General or Special Court-Martial; Members Not to Be Absent or Excused After Arraignment; Exceptions; Reduction of Membership Below Specified Number; Procedure.

32.1029 General or special court-martial; members not to be absent or excused after arraignment; exceptions; reduction of membership below specified number; procedure.
Sec. 29.
(1) A member of a general or special courts-martial shall not be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
(2) If a general court-martial is reduced below 5 members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than 5 members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court-martial in the presence of the military judge, the accused, and counsel.
(3) If a special court-martial is reduced below 3 members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than 3 members. When the new members have been sworn, the trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation of that testimony is read to the court-martial in the presence of the accused and counsel.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 6 - (32.1030...32.1035) › Section 32.1030 - Preferring Charges and Specifications; Signature; Oath; Disposition; Informing Accused of Charges.

32.1030 Preferring charges and specifications; signature; oath; disposition; informing accused of charges.
Sec. 30.
(1) Any person subject to this code may prefer charges.
(2) A person preferring charges and specifications shall sign the charges under oath before a person authorized by this code to administer oaths and shall state all of the following:
(a) That the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications.
(b) That the charges and specifications are true in fact to the best of the signer's knowledge and belief.
(3) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made of the charges in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 6 - (32.1030...32.1035) › Section 32.1033 - Officer Exercising Special Court-Martial Jurisdiction Over Accused to Forward Charges to Governor; Report.

32.1033 Officer exercising special court-martial jurisdiction over accused to forward charges to governor; report.
Sec. 33.
If a person is held for trial by a general court-martial, the officer exercising special court-martial jurisdiction over the accused shall, within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, through military channels to the governor, or if that is not practicable, the officer shall report in writing the reasons for the delay.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 6 - (32.1030...32.1035) › Section 32.1034 - Convening Authority to Refer Charge to State Judge Advocate for Consideration and Advice Before Trial; Referring Charge to General Court-Martial for Trial; Formal Corrections and Changes in Charges and Specifications.

32.1034 Convening authority to refer charge to state judge advocate for consideration and advice before trial; referring charge to general court-martial for trial; formal corrections and changes in charges and specifications.
Sec. 34.
(1) Before directing the trial of a charge by a general court-martial, the convening authority shall refer the charge to the state judge advocate for consideration and advice. The convening authority shall not refer a charge to a general court-martial for trial unless the convening 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 the changes in the charges and specifications as are needed to make them conform to the evidence may be made.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 6 - (32.1030...32.1035) › Section 32.1035 - Service of Charges Upon Accused; Person Not to Be Brought to Trial Within Specified Time Period.

32.1035 Service of charges upon accused; person not to be brought to trial within specified time period.
Sec. 35.
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. In time of peace, a person, against the person's objection, shall not be brought to trial before a general court-martial within a period of 5 days after the service of the charges upon the person, or before a special court-martial within a period of 3 days after the service of the charges upon the person.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1036 - Procedure to Conform With Code, Rules, and Manual for Courts-Martial United States, 1969; Rules of Evidence.

32.1036 Procedure to conform with code, rules, and manual for courts-martial United States, 1969; rules of evidence.
Sec. 36.
(1) All procedure shall be in conformity with this code, with rules which may be promulgated by the adjutant general, and where not inconsistent, with the manual for courts-martial United States, 1969.
(2) The rules of evidence generally recognized in this state as applied to criminal cases shall apply in cases before military courts.
History:
1980, Act 523, Eff. Mar. 31, 1981
Admin Rule:
R 32.101 et seq. and R 32.171 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1037 - Convening Authority or Commanding Officer; Censuring, Reprimanding, or Admonishing Court; Coercing or Influencing by Unauthorized Means; Action of Court-Martial or Member of Court-Martial; Applicability; Preparing Report or Making Determination Concerning Advancement, Assignment, Transfer, or Retention of Member of State Military Forces.

32.1037 Convening authority or commanding officer; censuring, reprimanding, or admonishing court; coercing or influencing by unauthorized means; action of court-martial or member of court-martial; applicability; preparing report or making determination concerning advancement, assignment, transfer, or retention of member of state military forces.
Sec. 37.
(1) An authority convening a general, special, or summary court-martial, or any other commanding officer or officer serving on the staff of the commanding officer shall not censure, reprimand, or admonish the court or a 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 the court's functions in the conduct of the proceedings. A person subject to this code shall not attempt to coerce or, by any unauthorized means, influence the action of a court-martial, or any member of the court-martial, in reaching the findings or sentence in a case, or the action of a convening, approving, or reviewing authority with respect to judicial acts. These provisions shall not apply to the following:
(a) General instructional or informational courses in military justice, if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial.
(b) Statements and instructions given in open court by the military judge or trial or defense counsel.
(2) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces or whether a member of the state military forces should be retained on duty, a person subject to this code in preparing the report or making the determination shall not do any of the following:
(a) Consider or evaluate the performance of duty of the member as a member, military judge, trial counsel, or defense counsel of a court-martial.
(b) Give a less favorable rating or evaluation of the member of the state military forces because of the zeal with which the member, as counsel, represented an accused before a court-martial.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1038 - Duties of Trial Counsel; Right of Accused to Representation by Civilian Counsel, Military Counsel, or Defense Counsel; Associate Counsel; Conviction; Brief; Assistant Trial Counsel and Assistant Defense Counsel; Performance of Duties.

32.1038 Duties of trial counsel; right of accused to representation by civilian counsel, military counsel, or defense counsel; associate counsel; conviction; brief; assistant trial counsel and assistant defense counsel; performance of duties.
Sec. 38.
(1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and, under the direction of the court-martial, shall prepare the record of the proceedings.
(2) The accused has the right to be represented before a general or special court-martial by civilian counsel if provided by the accused, at the accused's own expense, or by military counsel of the accused's own selection if reasonably available, or by the defense counsel appointed under section 27. If the accused has counsel of his or her own selection, the defense counsel, and assistant defense counsel, if any, who were appointed, if the accused so desires, shall act as associate counsel. Otherwise, the appointed counsel shall be excused by the military judge or by the president of a court-martial without a military judge.
(3) In each court-martial proceeding resulting in a conviction the defense counsel may forward for attachment to the record of proceedings a brief of those matters the defense counsel feels should be considered in behalf of the accused on review, including an objection to the contents of the record which the defense counsel considers appropriate.
(4) An assistant trial counsel of a general court-martial, under the direction of the trial counsel or if the assistant trial counsel is qualified to be a trial counsel as required by section 27, may perform any duty imposed by law, rule, 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, under the direction of the defense counsel or if the assistant defense counsel is qualified to be the defense counsel as required by section 27, may perform any duty imposed by law, rule, or the custom of the service upon counsel for the accused.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1039 - Military Judge; Calling Court Into Session Without Presence of Members; Purposes; Proceedings to Be Made Part of Record and Conducted in Presence of Certain Persons.

32.1039 Military judge; calling court into session without presence of members; purposes; proceedings to be made part of record and conducted in presence of certain persons.
Sec. 39.
(1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for the purpose of any of the following:
(a) Hearing and determining motions raising a defense or objections which are capable of determination without trial of the issues raised by a plea of not guilty.
(b) Hearing and ruling on a matter which may be ruled upon by the military judge, whether or not the matter is appropriate for later consideration or decision by the members of the court.
(c) Holding the arraignment and receiving the plea of the accused.
(d) Performing any other procedural function which may be performed by the military judge under section 26 which does not require the presence of the members of the court.
(2) The proceedings under subsection (1) shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record.
(3) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1040 - Continuances.

32.1040 Continuances.
Sec. 40.
The military judge or a court-martial without a military judge, for reasonable cause, may grant a continuance to any party for a period, and as often, as appears to be just.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1041 - Challenges for Cause and Peremptory Challenges.

32.1041 Challenges for cause and peremptory challenges.
Sec. 41.
(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than 1 person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2) Each accused and trial counsel is entitled to 1 peremptory challenge, but the military judge may not be challenged except for cause.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1042 - Persons Required to Take Oath or Affirmation in Presence of Accused; Examination of Witnesses on Oath or Affirmation.

32.1042 Persons required to take oath or affirmation in presence of accused; examination of witnesses on oath or affirmation.
Sec. 42.
(1) Before performing their respective duties, interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
(2) Each witness before a military court shall be examined on oath or affirmation.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1043 - Trial and Punishment; Limitations; Computation of Time Period.

32.1043 Trial and punishment; limitations; computation of time period.
Sec. 43.
(1) A person charged with desertion or absence without leave when the governor, by proclamation has declared a grave state of emergency, or with aiding the enemy, or mutiny, shall be tried and punished at any time without limitation.
(2) A person charged with an offense under this code is not liable to be tried by court-martial or punished under section 15 if the offense was committed more than 2 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command, or before the imposition of punishment under section 15.
(3) Periods in which the accused was outside of the state, in the custody of civil authorities, or in the hands of the enemy shall be excluded in computing the period of limitations prescribed in this section.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1044 - Trial of Accused Twice for Same Offense Prohibited.

32.1044 Trial of accused twice for same offense prohibited.
Sec. 44.
(1) A person subject to this code shall not be tried a second time by a civil court or a military court of the state for the same offense.
(2) A proceeding in which an accused is found guilty by a court-martial upon a charge or specification is not a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(3) A proceeding which, after the introduction of evidence but, before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without fault of the accused is a trial in the sense of this section.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1045 - Entering Plea of Not Guilty in Record; Entering Finding of Guilty Where Plea of Guilty Made and Accepted; Withdrawal of Guilty Plea.

32.1045 Entering plea of not guilty in record; entering finding of guilty where plea of guilty made and accepted; withdrawal of guilty plea.
Sec. 45.
(1) If an accused, after arraignment, makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(2) With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn before the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1046 - Obtaining Witnesses and Other Evidence; Equal Opportunity; Powers of Military Judge or Summary Court Officer; Process Issued in Court-Martial to Run to Any Part of State.

32.1046 Obtaining witnesses and other evidence; equal opportunity; powers of military judge or summary court officer; process issued in court-martial to run to any part of state.
Sec. 46.
(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence.
(2) The military judge or a summary court officer may do any of the following:
(a) Issue a warrant for the arrest of a person who disobeys a written order by the convening authority to appear before the court.
(b) Issue subpoenas duces tecum and other subpoenas.
(c) Enforce by attachment the attendance of witnesses and the production of books and papers.
(3) Process issued in a court-martial to compel a witness to appear and testify and to compel the production of other evidence shall run to any part of the state.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1047 - Offenses Against State; Compliance With Subpoena; Attendance, Qualification, and Testifying as Witness; Production of Evidence; Trial; Jurisdiction; Punishment.

32.1047 Offenses against state; compliance with subpoena; attendance, qualification, and testifying as witness; production of evidence; trial; jurisdiction; punishment.
Sec. 47.
(1) A person is guilty of an offense against the state and may be punished in the same manner as provided in actions or proceedings in the circuit courts of this state if that person does any of the following:
(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or efficiency board, or before a military or civil officer designated to take a deposition to be read in evidence before the court-martial, military commission, court of inquiry, or efficiency board and fails to comply with the subpoena.
(b) Has been duly paid or tendered the fees and mileage of a witness at rates allowed to witnesses attending circuit courts of this state, and does not attend.
(c) Wilfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce evidence which the person has been subpoenaed to produce.
(2) A person who commits an offense named in subsection (1) shall be tried in a court of original criminal jurisdiction of this state and jurisdiction is conferred on those courts for the purpose of trying that offense. Upon conviction, the person shall be punished by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1048 - Military Court; Contempt Power; Punishment.

32.1048 Military court; contempt power; punishment.
Sec. 48.
A military court may punish for contempt a person subject to this code who wilfully and unlawfully refuses to be sworn or to affirm as a witness or who refuses to answer a legal or proper question or who uses a menacing word, sign, or gesture in the court's presence, or who disturbs the court proceedings by riot or disorder. The punishment for contempt in a summary court-martial proceeding shall be imprisonment for not more than 25 days, or a fine of not more than $25.00, or both. The punishment for contempt in any other military court shall be imprisonment for not more than 100 days, or a fine of not more than $100.00, or both.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1049 - Depositions.

32.1049 Depositions.
Sec. 49.
(1) At any time after charges have been signed as provided in section 30, a party may take an oral or written deposition unless the military judge or a court-martial without a military judge hearing the case, or if the case is not being heard, the convening authority forbids the deposition for good cause. If a deposition is to be taken before charges are referred for trial, the authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(2) The party at whose insistence a deposition is to be taken shall give to each of the other parties reasonable written notice of the time and place for taking the deposition.
(3) Depositions may be taken before and authenticated by a military or civil officer authorized by the laws of the state, or by the laws of the place where the deposition is taken, to administer oaths.
(4) An authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before a court-martial or in a proceeding before the court of inquiry, if 1 of the following appears:
(a) A witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the place of trial or hearing.
(b) The witness, by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing.
(c) The present location of the witness is unknown.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1050 - Reading in Evidence Sworn Testimony of Person Whose Oral Testimony Not Obtainable; Conditions.

32.1050 Reading in evidence sworn testimony of person whose oral testimony not obtainable; conditions.
Sec. 50.
(1) If not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be read in evidence by any party before a court-martial, if the accused was a party before the court of inquiry, if the same issue was involved or if the accused consents to the introduction of the evidence, and if the accused was physically present when the testimony was taken.
(2) The testimony shall be read in evidence only by the defense in cases extending to the dismissal of an officer.
(3) The testimony also may be read in evidence before a court of inquiry or a military board.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 7 - (32.1036...32.1054) › Section 32.1050a - Lack of Mental Responsibility as Affirmative Defense.

32.1050a Lack of mental responsibility as affirmative defense.
Sec. 50a.
(1) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts and therefore lacked mental responsibility. Mental disease or defect does not otherwise constitute a defense.
(2) The accused has the burden, under subsection (1), of proving the defense of lack of mental responsibility by clear and convincing evidence.
(3) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge, or the president of a court-martial without a military judge, shall instruct the members of the court as to the defense of lack of mental responsibility under this section and shall charge them to find the accused 1 of the following:
(a) Guilty.
(b) Not guilty.
(c) Not guilty only by reason of lack of mental responsibility.
(4) Notwithstanding section 52, the accused shall be found not guilty only by reason of lack of mental responsibility if a majority of the members of the court-martial present at the time the vote is taken determine that the defense of lack of mental responsibility had been established or, in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.
History:
Add. 2005, Act 186, Imd. Eff. Oct. 27, 2005