reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.252 - Who may serve on courts-martial.

RCW 38.38.252
[Art. 25] Who may serve on courts-martial.
(1) Any commissioned officer of or on duty with the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(2) Any warrant officer of or on duty with the organized militia is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
(3)(a) Any enlisted member of the organized militia who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but shall serve as a member of a court only if, before the conclusion of a session called by the military judge under RCW 38.38.380(1) 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 in writing that enlisted members serve on it. 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 comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(b) In this section, the word "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, or a body corresponding to one of them.
(4)(a) When it can be avoided, no person subject to this code may be tried by a court-martial any member of which is junior to the person in rank or grade.
(b) When convening a court-martial, the convening authority shall detail as members thereof such members as, in his or her opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
(c) 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. Under such regulations as the governor may prescribe, the convening authority may delegate his or her authority under this subsection to the staff judge advocate or to any other principal assistant.
[ 1989 c 48 § 25; 1963 c 220 § 27.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.256 - Military judge of a general or special court-martial.

RCW 38.38.256
[Art. 26] Military judge of a general or special court-martial.
(1) A military judge shall be detailed to each general court-martial. Subject to regulations of the governor, a military judge may be detailed to any special court-martial. The governor shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he or she has been detailed.
(2) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a federal court or a member of the bar of the highest court of a state and who is certified to be qualified for duty as a military judge by the state judge advocate.
(3) The military judge of a general court-martial shall be designated by the state judge advocate or a designee for detail in accordance with regulations prescribed under subsection (1) of this section. Unless the court-martial was convened by the governor, neither the convening authority nor any member of the staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he or she is assigned and directly responsible to the state judge advocate or designee, and may perform duties of a judicial or nonjudicial nature other than those relating to the primary duty as a military judge of a general court-martial when such duties are assigned by or with the approval of the state judge advocate or designee.
(4) No person is eligible to act as military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
(5) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may the military judge vote with the members of the court.
[ 1989 c 48 § 26; 1963 c 220 § 28.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.258 - Military judges—Qualifications.

RCW 38.38.258
[Art. 26a] Military judges—Qualifications.
A military judge must be a judge advocate. The adjutant general shall prescribe procedures for certifying, appointing, detailing, and removing military judges.
[ 2009 c 378 § 6.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.260 - Detail of trial counsel and defense counsel.

RCW 38.38.260
[Art. 27] Detail of trial counsel and defense counsel.
(1)(a) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The governor shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
(b) No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(2) Trial counsel or defense counsel detailed for a general court-martial:
(a) Must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a federal court or of the highest court of a state, or must be a member of the bar of a federal court or of the highest court of a state; and
(b) Must be certified as competent to perform such duties by the state judge advocate.
(3) In the case of a special court-martial:
(a) The accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under subsection (2) of this section unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;
(b) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
(c) If the trial counsel is a judge advocate or a member of the bar of a federal court or the highest court of a state, the defense counsel detailed by the convening authority must be one of the foregoing.
[ 1991 c 43 § 6; 1989 c 48 § 27; 1963 c 220 § 29.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.264 - Detail or employment of reporters and interpreters.

RCW 38.38.264
[Art. 28] Detail or employment of reporters and interpreters.
Under such regulations as the governor may prescribe, the convening authority of a general or special court martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
[ 1963 c 220 § 30.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.268 - Absent and additional members.

RCW 38.38.268
[Art. 29] Absent and additional members.
(1) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
(2) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
(3) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.
(4) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of RCW 38.38.172(2) (a) or (b), 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.
[ 1989 c 48 § 28; 1963 c 220 § 31.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.308 - Charges and specifications.

RCW 38.38.308
[Art. 30] Charges and specifications.
(1) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:
(a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(b) That they are true in fact to the best of his or her knowledge and belief.
(2) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
[ 1989 c 48 § 29; 1963 c 220 § 32.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.312 - Compulsory self-incrimination prohibited.

RCW 38.38.312
[Art. 31] Compulsory self-incrimination prohibited.
(1) No person subject to this code may compel a person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate himself or herself.
(2) No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising that the person does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by the person may be used as evidence against him or her in a trial by court-martial.
(3) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person.
(4) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial.
[ 2009 c 378 § 15; 1989 c 48 § 30; 1963 c 220 § 33.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.316 - Investigation.

RCW 38.38.316
[Art. 32] Investigation.
(1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(2) The accused shall be advised of the charges against him or her and of the right to be represented at that investigation by counsel. The accused has a right to be represented at that investigation as provided in RCW 38.38.376 and in regulations prescribed under that section.
At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything the person may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(3) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (2) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after being informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
(4) If evidence adduced in an investigation under this chapter indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused:
(a) Is present at the investigation;
(b) Is informed of the nature of each uncharged offense investigated; and
(c) Is afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (2) of this section.
(5) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
[ 2009 c 378 § 16; 1989 c 48 § 31; 1963 c 220 § 34.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.320 - Forwarding of charges.

RCW 38.38.320
[Art. 33] Forwarding of charges.
When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the governor. If that is not practicable, the officer shall report in writing to the governor the reasons for delay.
[ 1989 c 48 § 32; 1963 c 220 § 35.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.324 - Advice of state judge advocate and reference for trial.

RCW 38.38.324
[Art. 34] Advice of state judge advocate and reference for trial.
(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code, is warranted by evidence indicated in the report of the investigation under RCW 38.38.316, if there is such a report, and the court-martial would have jurisdiction over the accused and the offense.
(2) The advice of the staff judge advocate under subsection (1) of this section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate:
(a) Expressing conclusions with respect to each matter set forth in subsection (1) of this section; and
(b) Recommending action that the convening authority take regarding the specification.
If the specification is referred for trial, the recommendation of the state judge advocate shall accompany the specification.
(3) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
[ 1989 c 48 § 33; 1963 c 220 § 36.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.328 - Service of charges.

RCW 38.38.328
[Art. 35] Service of charges.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his or her objection, be brought to trial or be required to participate by himself or herself or counsel in a session called by a military judge under RCW 38.38.380(1), in a general court-martial within a period of five days after the service of the charges upon him or her, or before a special court-martial within a period of three days after the service of the charges upon him or her.
[ 2011 c 336 § 769; 1989 c 48 § 34; 1963 c 220 § 37.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.368 - Governor may prescribe rules.

RCW 38.38.368
[Art. 36] Governor may prescribe rules.
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as the governor considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code.
[ 1989 c 48 § 35; 1963 c 220 § 38.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.372 - Unlawfully influencing action of court.

RCW 38.38.372
[Art. 37] Unlawfully influencing action of court.
(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, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his or her functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to judicial acts. The foregoing provisions of this section shall not apply with respect to (a) 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 (b) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(2) In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the organized militia is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the organized militia, or in determining whether a member of the organized militia should be retained on active duty, no person subject to this chapter may, in preparing any such report (a) consider or evaluate the performance of duty of any such member of a court-martial, or (b) give a less favorable rating or evaluation of any member of the organized militia because of the zeal with which such member, as counsel, represented any accused before a court-martial.
[ 1989 c 48 § 36; 1963 c 220 § 39.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.380 - Sessions.

RCW 38.38.380
[Art. 39] Sessions.
(1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to RCW 38.38.328, call the court into session without the presence of the members for the purpose of:
(a) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(b) Hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(c) Holding the arraignment and receiving the pleas of the accused; and
(d) Performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to RCW 38.38.368 and which does not require the presence of the members of the court.
These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record.
(2) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
[ 1989 c 48 § 38; 1963 c 220 § 41.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.384 - Continuances.

RCW 38.38.384
[Art. 40] Continuances.
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.
[ 1989 c 48 § 39; 1963 c 220 § 42.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.388 - Challenges.

RCW 38.38.388
[Art. 41] Challenges.
(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or, if none, the court shall determine the relevance and validity of challenges for cause and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2) If exercise of a challenge for cause reduces the court below the minimum number of members required by RCW 38.38.172, all parties shall, notwithstanding RCW 38.38.268, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
(3) Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.
(4) If exercise of a peremptory challenge reduces the court below the minimum number of members required by RCW 38.38.172, the parties shall, notwithstanding RCW 38.38.268, either exercise or waive any remaining peremptory challenge, that has not been previously waived, against the remaining members of the court before additional members are detailed to the court.
(5) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
[ 2009 c 378 § 18; 1989 c 48 § 40; 1963 c 220 § 43.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.392 - Oaths.

RCW 38.38.392
[Art. 42] Oaths.
(1) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the governor. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by a judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person, is detailed to that duty.
(2) Each witness before a court-martial shall be examined on oath.
[ 1989 c 48 § 41; 1963 c 220 § 44.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.396 - Statute of limitations.

RCW 38.38.396
[Art. 43] Statute of limitations.
(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.
(2) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under RCW 38.38.784 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(3) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under RCW 38.38.132 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under RCW 38.38.132.
(4) Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
(5) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:
(a) Has expired; or
(b) Will expire within one hundred eighty days after the date of dismissal of the charges and specifications[,]
[then] trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subsection (6) of this section are met.
(6) The conditions referred to in subsection (5) of this section are that the new charges and specifications must:
(a) Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty days after the dismissal of the charges or specifications; and
(b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
[ 2009 c 378 § 19; 1989 c 48 § 42; 1963 c 220 § 45.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.400 - Former jeopardy.

RCW 38.38.400
[Art. 44] Former jeopardy.
(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense.
(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
[ 1989 c 48 § 43; 1963 c 220 § 46.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.404 - Pleas of the accused.

RCW 38.38.404
[Art. 45] Pleas of the accused.
(1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(2) With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
[ 1991 c 43 § 7; 1989 c 48 § 44; 1963 c 220 § 47.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.408 - Opportunity to obtain witnesses and other evidence.

RCW 38.38.408
[Art. 46] Opportunity to obtain witnesses and other evidence.
(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.
(2) The president of a special court-martial, military judge, military magistrate, or a summary court officer may:
(a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(b) Issue subpoenas duces tecum and other subpoenas;
(c) Enforce by attachment the attendance of witnesses and the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
(3) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.
[ 2009 c 378 § 20; 1989 c 48 § 45; 1963 c 220 § 48.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.412 - Refusal to appear or testify—Penalty.

RCW 38.38.412
[Art. 47] Refusal to appear or testify—Penalty.
(1) Any person not subject to this code who:
(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior court of the state; and
(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the state.
(2) Any person who commits an offense named in subsection (1) of this section shall be tried before the superior court of this state having jurisdiction and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both.
(3) The prosecuting attorney in any such court, upon the certification of the facts by the military court, commission, court of inquiry, or board, shall prosecute any person violating this section.
[ 2009 c 378 § 21; 1989 c 48 § 46; 1963 c 220 § 49.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.416 - Contempts.

RCW 38.38.416
[Art. 48] Contempts.
A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.
[ 1963 c 220 § 50.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.420 - Depositions.

RCW 38.38.420
[Art. 49] Depositions.
(1) At any time after charges have been signed, as provided in RCW 38.38.308, any party may take oral or written depositions unless a military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(3) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(4) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred miles from the place of trial or hearing;
(b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(c) That the present whereabouts of the witness is unknown.
[ 1989 c 48 § 47; 1963 c 220 § 51.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.424 - Admissibility of records of courts of inquiry.

RCW 38.38.424
[Art. 50] Admissibility of records of courts of inquiry.
(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(2) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(3) Such testimony may also be read in evidence before a court of inquiry or a military board.
[ 1963 c 220 § 52.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.428 - Voting, rulings, instructions.

RCW 38.38.428
[Art. 51] Voting, rulings, instructions.
(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(2) The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change a ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a vote as provided in RCW 38.38.432, beginning with the junior in rank.
(3) Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:
(a) That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;
(b) That in the case being considered, if there is reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;
(c) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree to which there is no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
(4) Subsections (1), (2), and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
[ 1989 c 48 § 48; 1963 c 220 § 53.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.432 - Number of votes required.

RCW 38.38.432
[Art. 52] Number of votes required.
(1) No person may be convicted of an offense, except as provided in RCW 38.38.404(2) or by the concurrence of two-thirds of the members present at the time the vote is taken.
(2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty, or to reconsider a sentence with a view towards decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
[ 1989 c 48 § 49; 1963 c 220 § 54.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.436 - Court to announce action.

RCW 38.38.436
[Art. 53] Court to announce action.
A court martial shall announce its findings and sentence to the parties as soon as determined.
[ 1963 c 220 § 55.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.440 - Record of trial.

RCW 38.38.440
[Art. 54] Record of trial.
(1) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
(2) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the governor may prescribe.
(3)(a) A complete record of the proceedings and testimony shall be prepared:
(i) In each general court-martial case in which the sentence adjudged includes a dismissal, a discharge, or, if the sentence adjudged does not include a discharge, any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and
(ii) In each special court-martial case in which the sentence adjudged includes a dishonorable discharge.
(b) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the governor.
(4) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
[ 1989 c 48 § 50; 1963 c 220 § 56.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.480 - Cruel and unusual punishments prohibited.

RCW 38.38.480
[Art. 55] Cruel and unusual punishments prohibited.
Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
[ 1963 c 220 § 57.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.484 - Maximum limits—Reduction in pay grade.

RCW 38.38.484
[Art. 56] Maximum limits—Reduction in pay grade.
(1) The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.
(2) Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable discharge reduces that member to pay grade E-1, effective on the date of that approval.
(3) If the sentence of a member who is reduced in pay grade under subsection (2) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (2) of this section, the rights and privileges of which the member was deprived because of that reduction shall be restored and the member is entitled to the pay and allowances to which the member would have been entitled for the period the reduction was in effect, had he or she not been so reduced.
[ 1989 c 48 § 51; 1963 c 220 § 58.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.488 - Effective date of sentences.

RCW 38.38.488
[Art. 57] Effective date of sentences.
(1) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under RCW 38.38.536.
(2) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is ordered to be executed by the convening authority, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.
(3) All other sentences of courts-martial are effective on the date ordered executed.
(4) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
[ 1989 c 48 § 52; 1963 c 220 § 59.]