reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.16 - Enlistments and Reserves. › 38.16.010 - Period of enlistment in national guard.

RCW 38.16.010
Period of enlistment in national guard.
The period of enlistment in the Washington national guard shall conform to the laws and regulations of the United States department of defense governing such enlistments including the term of such enlistments and the maximum and minimum age of enlistment.
[ 1989 c 19 § 29; 1943 c 130 § 35; Rem. Supp. 1943 § 8603-35. Prior: 1917 c 107 § 30; 1909 c 134 § 41; 1895 c 108 § 57.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.16 - Enlistments and Reserves. › 38.16.015 - Period of enlistment in state guard.

RCW 38.16.015
Period of enlistment in state guard.
(1) The period of enlistment in the Washington state guard shall be set by regulation by the adjutant general or the adjutant general's designee.
(2) Notwithstanding subsection (1) of this section and RCW 38.12.180(2), the adjutant general, or the adjutant general's designee, may extend the service age upon request by an active member of the Washington state guard if the adjutant general, or the adjutant general's designee, determines the member's extension would be in the best interest of the Washington state guard. Extensions under this subsection have a two-year duration and may be renewed beyond the age of sixty-four, subject to the discretion of the adjutant general or the adjutant general's designee, if:
(a) The member is physically and mentally capable to complete all assigned mission tasks; and
(b) The Washington state guard officer review board recommends the extension.
[ 2022 c 258 § 1; 2012 c 12 § 1; 1989 c 19 § 30.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.16 - Enlistments and Reserves. › 38.16.020 - Discharge of enlisted persons.

RCW 38.16.020
Discharge of enlisted persons.
An enlisted person discharged from service in the organized militia of Washington shall receive a notice of discharge in writing in such form and classification as is or shall be prescribed by law or regulations, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as may be prescribed by competent authority.
[ 1989 c 19 § 31; 1943 c 130 § 36; Rem. Supp. 1943 § 8603-36. Prior: 1917 c 107 § 31; 1909 c 134 § 45, part; 1895 c 108 § 67, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.16 - Enlistments and Reserves. › 38.16.030 - Inactive national guard.

RCW 38.16.030
Inactive national guard.
The inactive national guard of this state shall respectively be organized by the governor in regulations in conformance with the laws, rules and regulations of the United States. It shall consist of such organizations, officers and enlisted persons as the governor shall prescribe. No commissioned officer shall be transferred or furloughed to the inactive national guard without the officer's written consent, except as otherwise expressly provided by law. Any officer of the inactive national guard may be restored to the active list by order of the governor, subject to the same examination as in the case of an original appointment to his or her rank, and in such event his or her service in the inactive national guard shall not be counted in computing total length of service for relative seniority.
[ 2009 c 549 § 1012; 1991 c 43 § 3; 1989 c 19 § 32; 1943 c 130 § 34; Rem. Supp. 1943 § 8603-34. Prior: 1917 c 107 § 29.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.16 - Enlistments and Reserves. › 38.16.040 - State guard reserve.

RCW 38.16.040
State guard reserve.
In order to afford the utmost protection to the state of Washington and to the lives and property of citizens thereof, in times of emergency or anticipation thereof, the governor, through the state military department may provide for the organization and training of state guard reserve companies in communities not allocated a federally recognized or authorized state guard unit.
[ 1943 c 130 § 86; Rem. Supp. 1943 § 8603-86.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.16 - Enlistments and Reserves. › 38.16.050 - Appointment of members of the committee for employer support of the guard and reserve to civil affairs unit.

RCW 38.16.050
Appointment of members of the committee for employer support of the guard and reserve to civil affairs unit.
To assist the state of Washington in the event of mobilization of state and federal military forces in the state, and notwithstanding other provisions of the state military law and other regulations governing appointment and promotion of officers and enlisted personnel of the Washington state guard, members of the Washington committee for employer support of the guard and reserve may be appointed to serve in a civil affairs unit of the Washington state guard. The rank shall be determined by the adjutant general.
[ 1988 c 288 § 17.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.20 - Armories and Rifle Ranges. › 38.20.020 - City may acquire armory site.

RCW 38.20.020
City may acquire armory site.
Any city in the state of Washington in which a unit of the national guard is stationed, or is to be stationed, is hereby authorized and empowered to acquire a site for an armory by gift or purchase, and to construct an armory thereon, and to issue and sell its general obligation bonds for said purposes, within the debt limits prescribed by the Constitution, with full power to sell or lease the same to the state of Washington or to the United States.
[ 1933 ex.s. c 16 § 1; RRS § 8598-1.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.20 - Armories and Rifle Ranges. › 38.20.030 - Counties may expend moneys for armory site.

RCW 38.20.030
Counties may expend moneys for armory site.
Any county of the state of Washington is hereby authorized and empowered to appropriate money for the purchase of an armory site whenever the legislature of this state shall appropriate money for or authorize the construction of an armory therein.
[1907 c 55 § 3 1/2; No RRS.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.20 - Armories and Rifle Ranges. › 38.20.040 - Rental of property, armories, and small arms ranges.

RCW 38.20.040
Rental of property, armories, and small arms ranges.
All armories and small arms ranges and all property, real or personal, used by the national guard and not owned by the state of Washington or the United States, shall be leased or rented to the state upon such terms and conditions as shall be approved by the commander-in-chief.
[ 1989 c 19 § 34; 1909 c 134 § 98; RRS § 8599.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.20 - Armories and Rifle Ranges. › 38.20.050 - Small arms ranges.

RCW 38.20.050
Small arms ranges.
Under the direction of the governor, the adjutant general shall, at the expense and in the name of the state, buy or lease, establish, equip, maintain and control such small arms ranges and issue such ammunition, transportation and supplies as may be necessary to provide each unit of the organized militia of Washington with adequate means and opportunity for thorough instruction in small arms practice.
[ 1989 c 19 § 35; 1943 c 130 § 91; Rem. Supp. 1943 § 8603-91. Prior: 1917 c 107 § 120; 1909 c 134 § 92; 1895 c 108 § 168.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.24 - Claims and Compensation. › 38.24.010 - Payment of military claims and expenses.

RCW 38.24.010
Payment of military claims and expenses.
All bills, claims and demands for military purposes shall be certified or verified and audited in the manner prescribed by regulations promulgated by the governor and shall be paid by the state treasurer from funds available for that purpose. In all cases where the organized militia, or any part of the organized militia, is called into active state service to perform duties under RCW 38.08.040, except for anticipated planning, training, exercises, and other administrative duties that are not of an emergent nature, warrants for allowed pay and expenses for such services or compensation for injuries or death shall be drawn upon the general fund of the state treasury and paid out of any moneys in said fund not otherwise appropriated. All such warrants shall be the obligation of the state and shall bear interest at the legal rate from the date of their presentation for payment. Claims and expenses for organized militia in active state service under RCW 38.08.040 that are not paid under this section may be paid under RCW 38.40.220.
[ 2008 c 44 § 2; 2005 c 9 § 2; 1991 c 43 § 4; 1989 c 19 § 36; 1973 c 106 § 14; 1943 c 130 § 42; Rem. Supp. 1943 § 8603-42. Prior: 1917 c 107 § 36; 1909 c 134 § 56, part; 1895 c 108 § 91, part.]
NOTES:
Effective date—2005 c 9: See note following RCW 38.08.040.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.24 - Claims and Compensation. › 38.24.020 - Audit and payment of awards.

RCW 38.24.020
Audit and payment of awards.
All compensation shall be payable in monthly installments and shall be audited and paid as any other claim against the military department and shall be payable from the general fund out of any moneys not otherwise appropriated.
[ 1943 c 130 § 41; Rem. Supp. 1943 § 8603-41. Prior: 1917 c 107 § 35; 1909 c 134 § 56, part; 1895 c 108 § 41, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.24 - Claims and Compensation. › 38.24.050 - Pay of officers and enlisted personnel—Wildland fire response pay.

RCW 38.24.050
Pay of officers and enlisted personnel—Wildland fire response pay.
(1) Commissioned officers, warrant officers, and enlisted personnel of the organized militia of Washington, while in active state service or inactive duty, are entitled to and shall receive the same amount of pay and allowances from the state of Washington as provided by federal laws and regulations for commissioned officers, warrant officers, and enlisted personnel of the armed forces of the United States only if federal pay and allowances are not authorized. For periods of such active state service, commissioned officers, warrant officers, and enlisted personnel of the organized militia of Washington shall receive either such pay and allowances, or for wildland fire response an amount equal to the rates established by the national wildfire coordinating group administratively determined pay plans for emergency workers, or an amount equal to the state minimum wage, whichever is greater.
(2) Wildland fire response pay shall have an established minimum entry rate and additional scaled pay that recognizes the longevity and responsibility scope of more senior noncommissioned officers, warrant officers, and company grade commissioned officers. The pay plan is commensurate with the pay structure of other state agencies providing resources to wildland fire response. The director of the state military department shall establish the pay structure subject to approval of the office of financial management.
(3) The value of articles issued to any member and not returned in good order on demand, and legal fines or forfeitures, may be deducted from the member's pay.
(4) If federal pay and allowances are not authorized, all members detailed to serve on any board or commission ordered by the governor, or on any court-martial ordered by proper authority, may, at the discretion of the adjutant general, be paid a sum equal to one day's active state service for each day actually employed on the board or court or engaged in the business thereof, or in traveling to and from the same; and in addition thereto travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended when such duty is at a place other than the city or town of his or her residence.
(5) Necessary transportation, quartermasters' stores, and subsistence for troops when ordered on active state service may be contracted for and paid for as are other military bills.
[ 2019 c 66 § 1; 2011 c 336 § 767; 1989 c 19 § 37; 1984 c 198 § 3; 1975-'76 2nd ex.s. c 34 § 81; 1974 ex.s. c 46 § 1; 1943 c 130 § 43; Rem. Supp. 1943 § 8603-43. Prior: 1925 c 28 § 2, part; 1919 c 137 § 1, part; 1917 c 107 § 37, part; 1915 c 47 § 1, part; 1913 c 66 § 10, part; 1909 c 134 § 157, part; 1907 c 122 § 5, part; 1903 c 155 § 13, part; 1901 c 78 § 11, part; 1895 c 108 § 89, part.]
NOTES:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.24 - Claims and Compensation. › 38.24.060 - Employment and reemployment rights upon return from militia duty.

RCW 38.24.060
Employment and reemployment rights upon return from militia duty.
All members of the organized militia of Washington who are called to active state service or inactive duty shall, upon return from such duty, have those rights accorded under RCW 73.16.031, 73.16.035, 73.16.041, 73.16.051, and 73.16.061.
[ 1989 c 19 § 38; 1984 c 198 § 4; 1974 ex.s. c 46 § 2.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.010 - Nonmilitary offenses by members on-duty status.

RCW 38.32.010
Nonmilitary offenses by members on-duty status.
Any member of the organized militia committing nonmilitary offenses under chapter 38.38 RCW while on-duty status or within state armories shall be promptly arrested by the military authorities and turned over to the civil authorities of the county or city in which the offense was committed.
[ 2009 c 378 § 1; 1989 c 19 § 39; 1963 c 220 § 134; 1943 c 130 § 82; Rem. Supp. 1943 § 8603-82.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.020 - Military offenses.

RCW 38.32.020
Military offenses.
(1) Military offenses under chapter 38.38 RCW committed by members of the organized militia may be tried and punished as provided under chapter 38.38 RCW.
(2) Primary jurisdiction over military offenses enumerated in chapter 38.38 RCW is with military authorities. Primary jurisdiction over nonmilitary offenses is with civilian authorities. If an offense may be both military and nonmilitary, the military authorities may proceed only after the civilian authorities have declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by whether the underlying offense is a military or nonmilitary offense.
(3) Any member of the organized militia committing any offense under chapter 38.38 RCW may, if such offense is committed on a military reservation of the United States within this state, be turned over to the civil authorities for trial as provided by federal law.
[ 2009 c 378 § 2; 1989 c 19 § 40; 1963 c 220 § 135; 1943 c 130 § 81; Rem. Supp. 1943 § 8603-81.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.030 - Exemptions while on duty.

RCW 38.32.030
Exemptions while on duty.
No person belonging to the military forces of this state shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from any place at which he or she may be required to attend military duty. Any members of the organized militia parading, or performing any duty according to the law shall have the right-of-way in any street or highway through which they may pass and while on field duty shall have the right to enter upon, cross, or occupy any uninclosed [unenclosed] lands, or any inclosed [enclosed] lands where no damage will be caused thereby: PROVIDED, That the carriage of the United States mail and legitimate functions of the police and fire departments shall not be interfered with thereby.
[ 2011 c 336 § 768; 1943 c 130 § 45; Rem. Supp. 1943 § 8603-45. Prior: 1917 c 107 § 40; 1909 c 134 § 66; 1895 c 108 § 103.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.070 - Member removed from state, request for discharge.

RCW 38.32.070
Member removed from state, request for discharge.
If any member is known to have removed from the state, and, through ignorance or neglect, has failed to apply for discharge, the discharge may be requested by his or her immediate commanding officer.
[ 1989 c 19 § 41; 1963 c 220 § 136; 1943 c 130 § 84; Rem. Supp. 1943 § 8603-84. Cf. 1917 c 107 § 83.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.080 - Penalty for failure to obey call.

RCW 38.32.080
Penalty for failure to obey call.
Any member of the militia who shall have been ordered out for either state or federal service and who shall refuse or wilfully or negligently fail to report at the time and place and to the officer designated in the order or to the representative or successor of such officer, shall be deemed guilty of desertion, and shall suffer such penalty as a general court martial may direct, unless he or she shall produce a sworn certificate from a licensed physician of good standing that he or she was physically unable to appear at the time and place designated. Any person chargeable with desertion under this section may be taken by force and compelled to serve.
[ 1989 c 19 § 42; 1943 c 130 § 10; Rem. Supp. 1943 § 8603-10. Prior: 1917 c 107 § 10; 1909 c 134 § 21; 1895 c 108 § 114.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.090 - Penalty for physician making false certificate.

RCW 38.32.090
Penalty for physician making false certificate.
Any physician who shall knowingly make and deliver a false certificate of physical disability concerning any member of the militia who shall have been ordered out or summoned for active service is guilty of perjury under chapter 9A.72 RCW and, upon conviction, as an additional penalty, shall forfeit forever his or her license and right to practice in this state.
[ 2003 c 53 § 209; 1989 c 19 § 43; 1943 c 130 § 11; Rem. Supp. 1943 § 8603-11. Prior: 1909 c 134 § 22.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.100 - Buying and receiving military property.

RCW 38.32.100
Buying and receiving military property.
Any person who shall purchase or receive in pawn or pledge any military property of the state or of the United States shall be guilty of a gross misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.
[ 1943 c 130 § 87; Rem. Supp. 1943 § 8603-87. Cf. 1917 c 107 § 68.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.120 - Authority of commanding officer.

RCW 38.32.120
Authority of commanding officer.
(1) The commanding officer at any drill, parade, encampment or other duty may place in arrest for the time of such drill, parade, encampment or other duty any person or persons who shall trespass on the camp grounds, parade grounds, rifle range or armory, or in any way or manner interrupt or molest the orderly discharge of duty of those on duty, or who shall disturb or prevent the passage of troops going to or returning from any regularly ordered tour of duty; and may prohibit and prevent the sale or use of all spirituous liquors, wines, ale or beer, or holding of huckster or auction sales, and all gambling therein, and remove disorderly persons beyond the limits of such parade or encampment, or within a distance of two miles therefrom, and the commanding officer shall have full authority to abate as common nuisances all disorderly places, and bar all unauthorized sales within such limits.
(2) Any person violating this section, or any order issued in pursuance thereof, is guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars, or imprisoned not more than thirty days, or both such fine and imprisonment.
(3) No license or renewal thereof shall be issued or granted to any person, firm or corporation for the sale of intoxicating or spirituous liquors within a distance of three hundred feet from any armory used by the state of Washington for military purposes, without the approval of the adjutant general.
[ 2003 c 53 § 210; 1989 c 19 § 44; 1963 c 220 § 137; 1943 c 130 § 52; Rem. Supp. 1943 § 8603-52. Prior: 1937 c 51 § 1; 1909 c 134 § 62; 1895 c 108 § 99.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.32 - Offenses—Punishment. › 38.32.140 - Sentence to confinement.

RCW 38.32.140
Sentence to confinement.
All military courts of the organized militia of Washington shall have power to sentence to confinement in lieu of fines authorized to be imposed: PROVIDED, That such sentence of confinement shall not exceed one day for each dollar of fine authorized.
[ 1943 c 130 § 61; 1917 c 107 § 53; Rem. Supp. 1943 § 8603-61.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.36 - Trial Procedure. › 38.36.120 - Fees and mileage.

RCW 38.36.120
Fees and mileage.
Fees and mileage allowed for the service of process and for civilian witnesses shall be the same as in civil actions. All expenditures necessary to carry the provisions of chapter 130, Laws of 1943, into effect are hereby authorized to be incurred, and paid out of the appropriations for the maintenance of the organized militia of Washington.
[ 1943 c 130 § 78; Rem. Supp. 1943 § 8603-78. Prior: 1917 c 107 § 59; 1909 c 134 § 90.]
NOTES:
Juror expense payments: RCW 2.36.150.
Travel expense in lieu of mileage in certain cases: RCW 2.40.030.
Witness fees and mileage: RCW 2.40.010.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.004 - Definitions—Construction.

RCW 38.38.004
[Art. 1] Definitions—Construction.
In this chapter, unless the context otherwise requires:
(1) "A month's pay" or fraction thereof shall be calculated based upon a member's basic pay entitlement as if the member were serving for a thirty-day period.
(2) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused.
(3) "Code" means this chapter.
(4) "Commanding officer" includes only commissioned officers in command of a unit.
(5) "Commissioned officer" includes a commissioned warrant officer.
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
(7) "Enlisted member" means a person in an enlisted grade.
(8) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(9) "Judge advocate" means an officer of the army or air national guard designated as a judge advocate by the judge advocate general of the army or the judge advocate general of the air force.
(10) "May" is used in a permissive sense. The words "no person may.  .  ." mean that no person is required, authorized, or permitted to do the act prescribed.
(11) "Military" refers to any or all of the armed forces.
(12) "Military court" means a court-martial or a court of inquiry.
(13) "Military judge" means the presiding officer of a general or special court-martial detailed in accordance with RCW 38.38.256.
(14) "Military offense" means those offenses listed in RCW 38.38.644 through 38.38.800, 38.38.762, and 38.38.782.
(15) "Nonmilitary offense" means any offense other than those listed in Title 38 RCW.
(16) "Officer" means commissioned or warrant officer.
(17) "Organized militia" means the national guard of the state, as defined in section 101(3) of Title 32, United States Code, and any other military force organized under the laws of the state of Washington.
(18) "Rank" means the order of precedence among members of the organized militia.
(19) "Shall" is used in an imperative sense.
(20) "State judge advocate" means the commissioned judge advocate officer responsible for supervising the administration of the military justice in the organized militia.
(21) "Superior commissioned officer" means a commissioned officer superior in rank or command.
[ 2009 c 378 § 3; 1989 c 48 § 1; 1963 c 220 § 1.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—1963 c 220: "This act shall take effect on July 1, 1963." [ 1963 c 220 § 140.] For codification of 1963 c 220, see Codification Tables.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.008 - Persons subject to this code.

RCW 38.38.008
[Art. 2] Persons subject to this code.
This code applies to all members of the organized militia who are not in federal service pursuant to Title 10 U.S.C.
[ 2009 c 378 § 4; 1989 c 48 § 2; 1963 c 220 § 2.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.012 - Jurisdiction to try certain personnel.

RCW 38.38.012
[Art. 3] Jurisdiction to try certain personnel.
No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
[ 1989 c 48 § 3; 1989 c 11 § 9; 1963 c 220 § 3.]
NOTES:
Reviser's note: This section was amended by 1989 c 11 § 9 and by 1989 c 48 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1989 c 11: See note following RCW 9A.56.220.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.016 - Dismissal of commissioned officer.

RCW 38.38.016
[Art. 4] Dismissal of commissioned officer.
(1) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that he or she has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which the officer was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the chief of staff to the governor or adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(2) If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this code, the chief of staff to the governor or adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(3) If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
(4) If an officer is discharged from the organized militia by administrative action or by board proceedings under law, or is dropped from the rolls by order of the governor, the officer has no right to trial under this section.
[ 1989 c 48 § 4; 1963 c 220 § 4.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.020 - Territorial applicability of the code.

RCW 38.38.020
[Art. 5] Territorial applicability of the code.
(1) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
(2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
[ 1989 c 48 § 5; 1963 c 220 § 5.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.024 - Judge advocates and legal officers.

RCW 38.38.024
[Art. 6] Judge advocates and legal officers.
(1) The governor, on the recommendation of the adjutant general, shall appoint a judge advocate officer of the army or air national guard as state judge advocate. To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five years.
(2) The adjutant general may appoint as many assistant state judge advocates as he or she considers necessary. To be eligible for appointment, assistant state judge advocates must be officers of the organized militia and members of the bar of the highest court of the state.
(3) The state judge advocate or assistants shall make frequent inspections in the field in supervision of the administration of military justice.
(4) Convening authorities shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice; and the staff judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command, or with the state judge advocate.
(5) No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case may later act as staff judge advocate to any reviewing authority upon the same case.
(6) No judge advocate may be assigned nonlegal duties unless authorized by the state judge advocate.
[ 2009 c 378 § 5; 1989 c 48 § 6; 1963 c 220 § 6.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.064 - Apprehension.

RCW 38.38.064
[Art. 7] Apprehension.
(1) Apprehension is the taking of a person into custody.
(2) Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(3) Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
[ 1989 c 48 § 7; 1963 c 220 § 7.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.068 - Apprehension of deserters.

RCW 38.38.068
[Art. 8] Apprehension of deserters.
Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state of Washington organized militia and deliver the offender into the custody of the state of Washington organized militia. If an offender is apprehended outside of the state of Washington, the return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
[ 1989 c 48 § 8; 1963 c 220 § 8.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.072 - Imposition of restraint.

RCW 38.38.072
[Art. 9] Imposition of restraint.
(1) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person.
(2) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the officer's command or subject to the officer's authority into arrest or confinement.
(3) A commissioned officer or a warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the officer is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
(4) No person may be ordered apprehended or into arrest or confinement except for probable cause.
(5) 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.
[ 1989 c 48 § 9; 1963 c 220 § 9.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.076 - Restraint of persons charged with offenses.

RCW 38.38.076
[Art. 10] Restraint of persons charged with offenses.
Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which he or she is accused and to try the person or to dismiss the charges and release the person.
[ 1989 c 48 § 10; 1963 c 220 § 10.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.080 - Confinement in jails.

RCW 38.38.080
[Art. 10a] Confinement in jails.
Persons confined other than in a guard house, whether before, during, or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the governor or the adjutant general.
[ 2009 c 378 § 7; 1989 c 48 § 11; 1963 c 220 § 11.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.084 - Reports and receiving of prisoners.

RCW 38.38.084
[Art. 11] Reports and receiving of prisoners.
(1) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under RCW 38.38.080, may refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by the committing person, of the offense charged against the prisoner.
(2) Every commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under RCW 38.38.080, to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he or she 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.
[ 1989 c 48 § 12; 1963 c 220 § 12.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.088 - Punishment prohibited before trial.

RCW 38.38.088
[Art. 13] Punishment prohibited before trial.
Subject to RCW 38.38.488, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances require to insure his or her presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
[ 1989 c 48 § 13; 1963 c 220 § 13.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.092 - Delivery of offenders to civil authorities.

RCW 38.38.092
[Art. 14] Delivery of offenders to civil authorities.
(1) Under such regulations as may be prescribed by the adjutant general, a person subject to this code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(2) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to military custody for the completion of the sentence.
[ 2009 c 378 § 8; 1989 c 48 § 14; 1963 c 220 § 14.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.172 - Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.

RCW 38.38.172
[Art. 16] Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.
(1) In the organized militia not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.
(2) The three kinds of courts-martial are:
(a) General courts-martial, consisting of a military judge and not less than five 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 orally on the record or in writing a court composed only of a military judge and the military judge approves;
(b) Special courts-martial, consisting of not less than three members, or a military judge and not less than three members, or only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in (a) of this subsection so requests; and
(c) Summary courts-martial, consisting of one commissioned officer.
[ 1989 c 48 § 16; 1963 c 220 § 16.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.176 - Jurisdiction of courts-martial in general.

RCW 38.38.176
[Art. 17] Jurisdiction of courts-martial in general.
Each force of the organized militia has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the governor.
[ 1989 c 48 § 17; 1963 c 220 § 17.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.180 - Jurisdiction of general courts-martial.

RCW 38.38.180
[Art. 18] Jurisdiction of general courts-martial.
Subject to RCW 38.38.176, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than three hundred dollars;
(2) Forfeiture of pay and allowances;
(3) A reprimand;
(4) Dismissal or dishonorable discharge;
(5) Reduction of a noncommissioned officer to the ranks; or
(6) Any combination of these punishments.
[ 2009 c 378 § 10; 1963 c 220 § 18.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.184 - Jurisdiction of special courts-martial—Dishonorable discharge.

RCW 38.38.184
[Art. 19] Jurisdiction of special courts-martial—Dishonorable discharge.
Subject to RCW 38.38.176, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may be punished under this code. A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial may not be more than one hundred dollars for a single offense. A dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under RCW 38.38.260 was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
[ 1989 c 48 § 18; 1963 c 220 § 19.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.188 - Jurisdiction of summary courts-martial.

RCW 38.38.188
[Art. 20] Jurisdiction of summary courts-martial.
(1) Subject to RCW 38.38.176, summary courts-martial have jurisdiction to try persons subject to this code, except officers for any offense made punishable by this code.
(2) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto, unless under RCW 38.38.132 the person has been permitted and has elected to refuse punishment under that section. If objection to trial by summary court-martial is made by an accused who has been permitted to refuse punishment under RCW 38.38.132, trial shall be ordered by special or general court-martial, as may be appropriate.
(3) A summary court-martial may sentence to a fine of not more than twenty-five dollars for a single offense, to forfeiture of not more than one-half month's pay for two months, to reduction in rank of enlisted soldiers, and to reduction of a noncommissioned officer to the ranks.
[ 2009 c 378 § 11; 1989 c 48 § 19; 1963 c 220 § 20.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.192 - Sentences of dismissal or dishonorable discharge to be approved by the governor.

RCW 38.38.192
[Art. 21] Sentences of dismissal or dishonorable discharge to be approved by the governor.
In the organized militia not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.
[ 1963 c 220 § 21.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.196 - Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.

RCW 38.38.196
[Art. 21a] Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
A dishonorable discharge or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.
[ 1989 c 48 § 20; 1963 c 220 § 22.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.200 - Confinement instead of fine.

RCW 38.38.200
[Art. 21b] Confinement instead of fine.
In the organized militia not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine.
[ 1989 c 48 § 21; 1963 c 220 § 23.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.240 - Who may convene general courts-martial.

RCW 38.38.240
[Art. 22] Who may convene general courts-martial.
In the organized militia not in federal service pursuant to Title 10 U.S.C., general courts-martial may be convened by the president or by the governor, or by the adjutant general.
[ 2009 c 378 § 12; 1989 c 48 § 22; 1963 c 220 § 24.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.244 - Special courts-martial of organized militia not in federal service—Who may convene.

RCW 38.38.244
[Art. 23] Special courts-martial of organized militia not in federal service—Who may convene.
(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.
(2) A special court-martial may not try a commissioned officer.
[ 2009 c 378 § 13; 1989 c 48 § 23; 1963 c 220 § 25.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.248 - Summary courts-martial of organized militia not in federal service—Who may convene.

RCW 38.38.248
[Art. 24] Summary courts-martial of organized militia not in federal service—Who may convene.
(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a special court-martial, 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 regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.
(2) When only one commissioned officer is present with a command or detachment the commissioned officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable.
[ 2009 c 378 § 14; 1989 c 48 § 24; 1963 c 220 § 26.]