reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 7 - Active Duty or Training › Section 13-704 - Employment and Other Protections for National Guard Members

(a)    The rights granted to members of the National Guard by this section and § 13–704.1 of this subtitle shall be in addition to the rights granted to them by federal law, including the Servicemembers Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act.
(b)    (1)    The following provisions of federal law shall be adopted as State law and applied to members of the National Guard as described therein.
(2)    The Servicemembers Civil Relief Act applies only when members of the National Guard are ordered to military duty under this title or Title 10 or Title 32 of the United States Code for a period of 14 consecutive days or longer.
(3)    The Uniformed Services Employment and Reemployment Rights Act applies to the following individuals when ordered to military duty for any period of time:
(i)    members of the National Guard when ordered to military duty under this title or Title 10 or Title 32 of the United States Code, whether or not the member is a resident of or employed in this State; and
(ii)    residents of this State who are members of the National Guard in another state or the District of Columbia, when ordered to military duty by the chief executive officer of that jurisdiction or under Title 10 or Title 32 of the United States Code.
(c)    (1)    A member of the National Guard whose employment and reemployment rights under this section have been violated may bring a civil action for economic damages, including lost wages and benefits.
(2)    If the court determines that a member of the National Guard is entitled to judgment in an action filed under this subsection, the court may award the member:
(i)    any damages to which the member may be entitled under subsection (a) of this section;
(ii)    reasonable counsel fees and other costs; and
(iii)    any other appropriate relief.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 7 - Active Duty or Training › Section 13-705 - Relief From Duty in Militia While in Service of United States

(a)    A member of the organized militia ordered into the active military service of the United States is relieved from duty in the organized militia during active military service of the United States.
(b)    (1)    A member continues to serve in the organized militia on:
(i)    the termination of any emergency for which members of the organized militia have been ordered into the active military service of the United States; and
(ii)    being relieved from the active military service of the United States.
(2)    (i)    An officer continues to serve in the organized militia as if the officer’s service was uninterrupted.
(ii)    An enlisted individual continues to serve in the organized militia until the dates when the individual’s enlistment, entered into before the individual’s order to active military service of the United States, would have expired if uninterrupted.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 7 - Active Duty or Training › Section 13-706 - Leaves of Absence for Public Employees Who Are Members of Militia

(a)    An officer or employee of the State, a county, or other political subdivision of the State who is a member of the organized militia is entitled to a leave of absence from duties, without loss of pay, time, or efficiency rating:
(1)    on each day engaged in field or coast defense or other training ordered or authorized under this title; or
(2)    under any law of the United States while on inactive duty training, not to exceed 15 days annually.
(b)    In addition to the 15–day period specified in subsection (a) of this section, a member of the organized militia who is ordered to State active duty under authority of the Governor is entitled to leave of absence without loss of pay, time, or efficiency rating while actually serving under the State active duty orders.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 7 - Active Duty or Training › Section 13-707 - Civil or Criminal Liability for Acts in Discharge of Duty

(a)    A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty.
(b)    (1)    The court shall require a person to file security for the payment of costs that may be awarded to the defendant when the person prosecutes or begins a suit or proceeding:
(i)    against an officer of the organized militia for an act done by the officer in the officer’s official capacity in the discharge of a duty under this title;
(ii)    against a person acting under the authority or order of an officer of the organized militia; or
(iii)    by virtue of a warrant that an officer of the militia lawfully issues.
(2)    In all cases, the defendant may make a general denial and give evidence.
(3)    If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 8 - Courts-Martial › Section 13-811

(a)    No excuse is valid for absence from an assembly except:
(1)    good faith absence from the place where the assembly is ordered;
(2)    illness of the individual that prevents the individual’s attention to ordinary pursuits;
(3)    sickness in the individual’s family that requires the individual’s personal care and presence; or
(4)    any other reason that the court finds satisfactory.
(b)    No excuse is valid for absence from an annual inspection except:
(1)    illness of the individual that would prevent attendance; or
(2)    illness in the individual’s family that requires the individual’s personal care and presence.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 9 - Prohibited Acts › Section 13-901 - Unlawful Wearing of Uniform

(a)    This section does not apply to the wearing of:
(1)    shoes, socks, shirts, ties, or scarfs; or
(2)    trousers, overalls, overcoats, raincoats, field jackets, or headgear from which the service buttons, insignia, and other distinctive markings have been removed.
(b)    Without authority under the laws of the United States or this State, a person may not wear a uniform or distinctive part of a uniform or an item similar to a uniform or a distinctive part of a uniform of:
(1)    the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; or
(2)    the National Guard of this State, another state, or the United States;
(3)    the Maryland Defense Force; or
(4)    an auxiliary of any of the military units listed in this subsection.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine of not less than $100 and not exceeding $500 or both.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 9 - Prohibited Acts › Section 13-902 - Sale, Purchase, or Improper Use of Property; Unlawful Wearing of Uniform

(a)    This section does not apply to a member of the United States Army, Navy, Air Force, Marines, or Coast Guard, the organized militia of this State or another state, an officer of the Maryland Defense Force, or a member of associations wholly composed of soldiers honorably discharged from the armed forces of the United States.
(b)    A person may not:
(1)    hide, sell, dispose of, offer for sale, purchase, retain after a demand by a commissioned officer of the organized militia, or pledge any arms, uniforms, equipment, or other military property issued under this title; or
(2)    wear any of the following articles or objects prescribed by law for the use of the organized militia:
(i)    a uniform;
(ii)    a device, strap, knot, or insignia of any design or character that is used as a designation of grade, rank, or office; or
(iii)    an article or object similar to an article or object described in item (i) or (ii) of this item.
(c)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $20 and not exceeding $50 for each offense.
(2)    (i)    A fine imposed under paragraph (1) of this subsection shall be paid to the Adjutant General.
(ii)    The Adjutant General shall apply a fine paid under this paragraph to the use of the organized militia.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 9 - Prohibited Acts › Section 13-903 - Misapplication or Conversion of Money or Property

(a)    A person may not willfully:
(1)    misapply or convert to the person’s own use any money or other property belonging to the organized militia; or
(2)    on the lawful request of the proper officer, fail or refuse to deliver to the officer any money or other property that is in the possession of the person or for which the person is chargeable or accountable.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 9 - Prohibited Acts › Section 13-904 - Exclusion From Places of Amusement or Recreation

(a)    A person who is the owner or who is an agent of the owner of a place of amusement or recreation open to the public may not refuse admission to an officer or enlisted individual of the United States Army, Navy, Marine Corps, Coast Guard, or Air Force or the organized militia of this State or of another state because the officer or enlisted individual is in uniform.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 1 - General Provisions › Section 13A-102 - Persons Subject to This Title; Jurisdiction

(a)    This title applies to all members of the State military forces at all times.
(b)    (1)    Subject matter jurisdiction is established if a nexus exists between an offense, either military or non–military, and the State military force.
(2)    Courts–martial have primary jurisdiction of military offenses.
(3)    (i)    A proper civilian court has primary jurisdiction of a non–military offense when an act or omission violates both this title and local criminal law, foreign or domestic.
(ii)    In a case described in subparagraph (i) of this paragraph, a court–martial may be initiated only after the civilian authority declined to prosecute or dismissed the charge, provided jeopardy has not attached.
(4)    Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 1 - General Provisions › Section 13A-103 - Jurisdiction to Try Certain Personnel

(a)    (1)    Each person discharged from the State military forces who is later charged with having fraudulently obtained a discharge is, subject to § 13A–708 of this title, subject to trial by court–martial on that charge and is, after apprehension, subject to this title while in custody under the direction of the State military forces for that trial.
(2)    On conviction of that charge, that person is subject to trial by court–martial for all offenses under this title committed before the fraudulent discharge.
(b)    No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this title by virtue of a separation from any later period of service.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 1 - General Provisions › Section 13A-104 - Territorial Applicability of the Title

(a)    (1)    Subject to paragraph (2) of this subsection, this title has applicability at all times and in all places, provided that either the person subject to this title is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the State military forces.
(2)    This grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.
(b)    (1)    Courts–martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside the State with the same jurisdiction and powers as to persons subject to this title as if the proceedings were held inside the State.
(2)    Offenses committed outside the State may be tried and punished either inside or outside the State.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 1 - General Provisions › Section 13A-105 - Judge Advocates

(a)    The senior force judge advocates in each of the State’s military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.
(b)    (1)    Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice.
(2)    The judge advocate of a command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the State Judge Advocate.
(c)    A person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness in a case may not later act as a judge advocate to a reviewing authority on the same case.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 2 - Apprehension and Restraint › Section 13A-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Apprehend” means to take a person into custody.
(c)    “Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits.
(d)    “Confinement” means the physical restraint of a person.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 2 - Apprehension and Restraint › Section 13A-202 - Apprehension

(a)    A person authorized by this title or by 10 U.S.C. 47, or by regulations issued under either, to apprehend persons subject to this title, a marshal of a court–martial appointed pursuant to the provisions of this title, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so on probable cause that an offense has been committed and that the person apprehended committed it.
(b)    Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this title and to apprehend persons subject to this title who take part therein.
(c)    If an offender is apprehended outside the State, the offender’s return to the area must be in accordance with normal extradition procedures or by reciprocal agreement.
(d)    No person authorized by this section to apprehend persons subject to this title or the place where such offender is confined, restrained, held, or otherwise housed may require payment of a fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
(e)    A civil officer having authority to apprehend offenders under the laws of the United States or the State, or a military officer or noncommissioned officer subject to this title who has been authorized by the Governor by regulation or with the authority of the Adjutant General may summarily apprehend a person subject to this title and deliver the person into the custody of the State military forces.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 2 - Apprehension and Restraint › Section 13A-203 - Imposition of Restraint

(a)    (1)    An enlisted member may be ordered into arrest or confinement by a commissioned officer by an order, oral or written, delivered in person or through other persons subject to this title.
(2)    A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding officer’s authority into arrest or confinement.
(b)    (1)    A commissioned officer, a warrant officer, or a civilian subject to this title or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer.
(2)    The authority to order such persons into arrest or confinement may not be delegated.
(c)    No person may be ordered into arrest or confinement except for probable cause.
(d)    This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 2 - Apprehension and Restraint › Section 13A-204 - Restraint of Persons Charged With Offenses

(a)    A person subject to this title charged with an offense under this title may be ordered into arrest or confinement, as circumstances may require.
(b)    When a person subject to this title is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 2 - Apprehension and Restraint › Section 13A-205 - Place of Confinement; Reports and Receiving of Prisoners

(a)    If a person subject to this title is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility.
(b)    No person authorized to receive prisoners pursuant to subsection (a) of this section may refuse to receive or keep a prisoner committed to the person’s charge by a commissioned officer of the state military forces, when the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.
(c)    Every person authorized to receive prisoners pursuant to subsection (a) of this section to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
(d)    Civilian confinement facilities may not charge the State military forces for the cost of detaining the person so long as the confinement is less than 10 days.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 2 - Apprehension and Restraint › Section 13A-206 - Punishment Prohibited Before Trial

No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement on the charges pending against the person, nor shall the arrest or confinement imposed on such person be any more rigorous than the circumstances required to ensure the person’s presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 2 - Apprehension and Restraint › Section 13A-207 - Delivery of Offenders to Civil Authorities

(a)    A person subject to this title accused of an offense against civil authority may be delivered, on request, to the civil authority for trial or confinement.
(b)    When delivery under this section is made to a 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 for the offense shall, on the request of competent military authority, be returned to the place of original custody for the completion of the person’s sentence.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 4 - Court-Martial Jurisdiction › Section 13A-401 - Courts-Martial Classified

(a)    The three kinds of courts–martial are:
(1)    general courts–martial, as described in subsection (b) of this section;
(2)    special courts–martial, as described in subsection (c) of this section; and
(3)    summary courts–martial, as described in subsection (d) of this section.
(b)    A general court–martial consists of:
(1)    a military judge and not less than eight members; or
(2)    a military judge alone, 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.
(c)    A special court–martial consists of:
(1)    a military judge and not less than four members; or
(2)    a military judge alone:
(i)    if the case is so referred by the convening authority, subject to § 13A–404 of this subtitle; or
(ii)    if the case is referred under item (1) of this subsection 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 of a military judge alone and the military judge approves the request.
(d)    A summary court–martial consists of one commissioned officer.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 4 - Court-Martial Jurisdiction › Section 13A-402 - Jurisdiction of Courts-Martial in General

(a)    Each component of the State military forces has court–martial jurisdiction over all members of the particular component who are subject to this title.
(b)    The Maryland Army and Maryland Air National Guard have court–martial jurisdiction over all members subject to this title.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 4 - Court-Martial Jurisdiction › Section 13A-403 - Jurisdiction of General Courts-Martial

Subject to § 13A–402 of this subtitle, general courts–martial have jurisdiction to try persons subject to this title for any offense made punishable by this title, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 4 - Court-Martial Jurisdiction › Section 13A-404 - Jurisdiction of Special Courts-Martial

(a)    Subject to § 13A–402 of this subtitle, special courts–martial have jurisdiction to try persons subject to this title for any offense made punishable by this title, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except:
(1)    dishonorable discharge;
(2)    dismissal;
(3)    confinement for more than 1 year;
(4)    forfeiture of pay exceeding two–thirds pay per month; or
(5)    forfeiture of pay for more than 1 year.
(b)    A bad–conduct discharge, a confinement for more than 6 months, or a forfeiture of pay for more than 6 months may not be adjudged if charges and specifications are referred to a special courts–martial consisting of a military judge alone under § 13A–401 of this subtitle.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 4 - Court-Martial Jurisdiction › Section 13A-405 - Jurisdiction of Summary Courts-Martial

(a)    Subject to § 13A–402 of this title, summary courts–martial have jurisdiction to try persons subject to this title, except officers, cadets, and candidates for an offense made punishable by this title under such limitations as the Governor may prescribe.
(b)    (1)    No person with respect to whom summary courts–martial have jurisdiction may be brought to trial before a summary court–martial if that person objects thereto.
(2)    If objection to trial by summary court–martial is made by an accused, trial by special or general court–martial may be ordered, as may be appropriate.
(3)    Summary courts–martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except:
(i)    dismissal;
(ii)    dishonorable or bad–conduct discharge;
(iii)    confinement for more than 1 month;
(iv)    restriction to specified limits for more than 2 months; or
(v)    forfeiture of more than two–thirds of 1 month’s pay.
(c)    (1)    A summary court–martial is a non–criminal forum.
(2)    A finding of guilty at a summary court–martial does not constitute a criminal conviction.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-501 - Who May Convene General Courts-Martial

(a)    A general court–martial may be convened by:
(1)    the Governor; or
(2)    the Adjutant General.
(b)    If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-502 - Who May Convene Special Courts-Martial

(a)    A special court–martial may be convened by:
(1)    a person who may convene a general court–martial;
(2)    the commanding officer of a garrison, fort, post, camp, station, or Air National Guard base;
(3)    the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
(4)    the commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or
(5)    the commanding officer or officer in charge of any other command when empowered by the Adjutant General.
(b)    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 superior authority if considered desirable by such authority.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-503 - Who May Convene Summary Courts-Martial

(a)    A summary court–martial may be convened by:
(1)    a person who may convene a general or special court–martial;
(2)    the commanding officer of a detached company or other detachment, or corresponding unit of the Army;
(3)    the commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or
(4)    the commanding officer or officer in charge of any other command when empowered by the Adjutant General.
(b)    (1)    When only one commissioned officer is present with a command or detachment, that officer shall be the summary court–martial of that command or detachment and shall hear and determine all summary court–martial cases, or a military judge may act as summary court–martial.
(2)    A summary court–martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-504 - Who May Serve on Courts-Martial

(a)    A commissioned officer of the State military forces is eligible to serve on all courts–martial for the trial of a person subject to this title.
(b)    A warrant officer of the State military forces is eligible to serve on general and special courts–martial for the trial of a person subject to this title, other than a commissioned officer.
(c)    (1)    An enlisted member of the State military forces is eligible to serve on general and special courts–martial for the trial of an enlisted member subject to this title, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under § 13A–704 of this title prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it.
(2)    (i)    After such a request, the accused may not be tried by a general or special court–martial, the membership of which does not include enlisted members in a number equal to at least one–third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies.
(ii)    If such members cannot be obtained, the court may be assembled and the trial held without the members, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the members could not be obtained.
(d)    When it can be avoided, a person subject to this title may not be tried by a court–martial, any member of which is junior to the accused in rank or grade.
(e)    (1)    When convening a court–martial, the convening authority shall detail as members of the authority such members of the State military forces as, in the convening authority’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament.
(2)    A member of the State military forces is not eligible to serve as a member of a general or special court–martial if the member is the accuser or a witness or has acted as investigating officer or as counsel in the same case.
(f)    (1)    Before a court–martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case.
(2)    The convening authority may delegate the authority under this subsection to a judge advocate or to another principal assistant.
(g)    The accused in a court–martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-505 - Military Judge of a General or Special Court-Martial

(a)    (1)    A military judge shall be detailed to each general and special court–martial by the senior military judge in the State.
(2)    The military judge shall preside over each open session of the court–martial to which the military judge has been detailed.
(b)    A military judge shall be:
(1)    an active or retired commissioned officer of an organized state military force;
(2)    a member in good standing of the bar of the Court of Appeals of Maryland; and
(3)    certified as qualified for duty as a military judge by the senior force judge advocate that is the same force as the accused.
(c)    The convening authority or a staff member of the convening authority may not prepare or review a report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.
(d)    A person is not eligible to act as military judge in a case if the person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.
(e)    The military judge of a court–martial may not:
(1)    consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel; or
(2)    vote with the members of the court.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-506 - 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, defense counsel, and such assistants as are appropriate.
(2)    (i)    A person who has acted as investigating officer, military judge, witness, or court member in a case may not act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case.
(ii)    A person who has acted for the prosecution may not act later in the same case for the defense, nor may a person who has acted for the defense act later in the same case for the prosecution.
(b)    Except as provided in subsection (c) of this section, trial counsel or defense counsel detailed for a general or special court–martial must be:
(1)    a judge advocate, as defined in § 13A–101 of this title; and
(2)    in the case of trial counsel, a member in good standing of the bar of the highest court of the State where the court–martial is held.
(c)    In the instance when a defense counsel is not a member of the bar of the highest court of the State, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(1)    (i)    a commissioned officer of the armed forces of the United States or a component thereof;
(ii)    a member in good standing of the bar of the highest court of a state; and
(iii)    certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy, or Marine Corps; or
(2)    a judge advocate as defined in § 13A–101 of this title.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-507 - Detail or Employment of Reporters and Interpreters

Under such regulations as may be adopted, 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 and may detail or employ interpreters who shall interpret for the court.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 5 - Appointment and Composition of Courts-Martial › Section 13A-508 - Absent, Alternate, and Additional Members

(a)    A member of a general or special court–martial may not be absent or excused after the court has been assembled for the trial of the accused unless excused:
(1)    as a result of a challenge;
(2)    by the military judge for physical disability or other good cause; or
(3)    by order of the convening authority for good cause.
(b)    (1)    Whenever a general court–martial, other than a general court–martial composed of a military judge only, is reduced below six members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of six members.
(2)    The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
(c)    (1)    Whenever a special court–martial, other than a special court–martial composed of a military judge only, is reduced below four members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four members.
(2)    The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides.
(d)    If the military judge of a court–martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of § 13A–401 of this title, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
(e)    In addition to members, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 6 - Pre-Trial Procedure › Section 13A-601 - Charges and Specifications

(a)    Charges and specifications shall be signed by a person subject to this title under oath before a commissioned officer authorized by § 13A–1102 of this title to administer oaths and shall state:
(1)    that the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(2)    that they are true in fact to the best of the signer’s knowledge and belief.
(b)    On the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 6 - Pre-Trial Procedure › Section 13A-602 - Certain Proceedings Conducted Before Referral

(a)    Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court–martial in accordance with regulations prescribed by § 13A–701 of this title:
(1)    pre–referral investigative subpoenas;
(2)    pre–referral warrants or orders for electronic communications;
(3)    pre–referral matters referred by an appellate court;
(4)    pre–referral matters under § 13A–603(c) or (d) of this subtitle; or
(5)    arrest warrants when probable cause exists to believe a military member committed a crime as described under the punitive provisions.
(b)    The regulations prescribed under subsection (a) of this section shall:
(1)    include procedures for the review of such rulings that may be ordered under this section as the adjutant general considers appropriate; and
(2)    provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.
(c)    If a matter in a proceeding under this section 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 to the court–martial.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 6 - Pre-Trial Procedure › Section 13A-603 - Compulsory Self-Incrimination Prohibited

(a)    A person subject to this title may not compel another person to self–incriminate or to answer a question the answer to which may tend to incriminate the person.
(b)    A person subject to this title may not interrogate or request a statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make a statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court–martial.
(c)    A person subject to this title may not compel another person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue and may tend to degrade the person.
(d)    A statement obtained from a person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement may not be received in evidence against the person in a trial by court–martial.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 6 - Pre-Trial Procedure › Section 13A-605 - Advice of Judge Advocate and Reference for Trial

(a)    (1)    Before directing the trial of any charge by general court–martial, the convening authority shall refer the charge to a judge advocate for consideration and advice.
(2)    The convening authority may not refer a specification under a charge to a general court–martial for trial unless the convening authority has been advised in writing by a judge advocate that:
(i)    the specification alleges an offense under this title;
(ii)    the specification is warranted by the evidence indicated in the report of investigation under § 13A–603 of this subtitle if there is such a report; and
(iii)    a court–martial would have jurisdiction over the accused and the offense.
(b)    (1)    The advice of the judge advocate under subsection (a) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate:
(i)    expressing conclusions with respect to each matter set forth in subsection (a) of this section; and
(ii)    recommending action that the convening authority take regarding the specification.
(2)    If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
(c)    If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 6 - Pre-Trial Procedure › Section 13A-606 - Service of Charges

(a)    Trial counsel detailed for a court–martial under § 13A–506 of this title shall cause to be served on the accused a copy of the charges and specifications referred for trial.
(b)    (1)    Subject to paragraphs (2) and (3) of this subsection, a trial or other proceeding of a general court–martial or a special court–martial, including a session under § 13A–704 of this title may not be held over the objection of the accused:
(i)    with respect to a general court–martial, from the time of service through the fifth day after the date of service; or
(ii)    with respect to a special court–martial, from the time of service through the third day after the date of service.
(2)    (i)    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 paragraph (1)(i) or (ii) of this subsection.
(ii)    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.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-701 - Military Rules of Evidence and the Rules for Courts-Martial

(a)    The Military Rules of Evidence and the Rules for Courts–Martial, as promulgated in the most recent version of the Manual for Courts–Martial, shall as recognized in military criminal cases in the courts of the armed forces apply to the extent practical to courts–martials convened by the Maryland National Guard to the extent they do not conflict with State substantive law.
(b)    The Governor may adopt supplemental regulations to govern matters not provided for in the Manual for Courts–Martial.
2023 Maryland Statutes › Public Safety › Title 13A - Maryland Code of Military Justice › Subtitle 7 - Trial Procedure › Section 13A-702 - Unlawfully Influencing Action of Court

(a)    (1)    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, the 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 their functions in the conduct of the proceedings.
(2)    A person subject to this title may not attempt to coerce or, by any unauthorized means, influence the action of a court–martial or court of inquiry or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts.
(3)    Paragraphs (1) and (2) of this subsection do not apply with respect to:
(i)    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
(ii)    to statements and instructions given in open court by the military judge, summary court–martial officer, 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 forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the State military forces, or in determining whether a member of the State military forces should be retained on active status, no person subject to this title 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 witness therein; or
(2)    give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court–martial.