reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.002 - Article 2 — Persons subject to this code; jurisdiction.

322.002
Article 2 — Persons subject to this code; jurisdiction.
(1)
Except as provided in s. 322.003, this code applies only to members of the state military forces at all times.
(2)
Subject matter jurisdiction is established if a nexus exists between an offense under this code and the state military force. Courts-martial have primary jurisdiction of military offenses. A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In this case, a court-martial may be initiated only after the civilian authority has 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 the underlying offense.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.003 - Article 3 — Jurisdiction to try certain personnel.

322.003
Article 3 — Jurisdiction to try certain personnel.
(1)
Each person discharged from a state military force who is later charged with having fraudulently obtained a discharge is, subject to s. 322.043, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
(2)
No person who has deserted from a state military force may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.005 - Article 5 — Territorial applicability of this code.

322.005
Article 5 — Territorial applicability of this code.
(1)
This code has applicability in all places, provided that either the person subject to this code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense.
(2)
Military courts may be convened and held in units of a state military force 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.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.006 - Article 6 — Judge advocates.

322.006
Article 6 — Judge advocates.
(1)
The senior force judge advocate in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.
(2)
Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the state judge advocate.
(3)
No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.007 - Article 7 — Apprehension.

322.007
Article 7 — Apprehension.
(1)
In this section, “apprehend" means to take a person into custody.
(2)
Any person authorized by this code or by the Uniform Code of Military Justice, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-martial appointed subject to the provisions of this code, and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon probable cause that an offense has been committed and that the person apprehended committed it.
(3)
Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code.
(4)
If an offender is apprehended outside the state, the offender's return to the state must be in accordance with normal extradition procedures or by reciprocal agreement.
(5)
No person authorized by this section to apprehend persons subject to this code or the place where an offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.009 - Article 9 — Imposition of restraint.

322.009
Article 9 — Imposition of restraint.
(1)
In this section:
(a)
“Arrest" means the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits.
(b)
“Confinement" means 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. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
(3)
A commissioned officer, a warrant officer, or a civilian subject to this code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order persons into arrest or confinement may not be delegated.
(4)
No person may be ordered 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.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.010 - Article 10 — Restraint of persons charged with offenses.

322.010
Article 10 — Restraint of persons charged with offenses.
Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. 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 the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.011 - Article 11 — Place of confinement; reports and receiving of prisoners.

322.011
Article 11 — Place of confinement; reports and receiving of prisoners.
(1)
If a person subject to this code is confined before, during, or after trial, he or she shall be in a civilian or military confinement.
(2)
No sheriff or other person authorized to receive prisoners subject to sub. (1) may refuse to receive or keep any prisoner committed to the person's charge by a commissioned officer of the state military forces, when the committing officer furnishes a statement, signed by the officer, of the offense charged against the prisoner, unless otherwise authorized by law.
(3)
Every person authorized to receive prisoners subject to sub. (1) to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as the person is released 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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.012 - Article 12 — Confinement with enemy prisoners prohibited.

322.012
Article 12 — Confinement with enemy prisoners prohibited.
No member of a state military force may be placed in confinement in immediate physical association with enemy prisoners or other foreign nationals not members of the armed forces.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.013 - Article 13 — Punishment prohibited before trial.

322.013
Article 13 — Punishment prohibited before trial.
No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances required to insure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.014 - Article 14 — Delivery of offenders to civil authorities.

322.014
Article 14 — Delivery of offenders to civil authorities.
(1)
A person subject to this code accused of an offense under this code or under the state's civilian penal statute may be delivered to the civil authority for trial or confinement.
(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 the place of original custody for the completion of the person's sentence.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.016 - Article 16 — Courts-martial classified.

322.016
Article 16 — Courts-martial classified.
The 3 kinds of courts-martial in the state military forces are as follows:
(1)
General courts-martial, consisting of any of the following:
(a)
A military judge and not less than 5 members.
(b)
Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves.
(2)
Special courts-martial, consisting of any of the following:
(a)
A military judge and not less than 3 members.
(b)
Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in sub. (1) (b) so requests.
(3)
Summary courts-martial, consisting of one commissioned officer.
History:  2007 a. 200; 2013 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.017 - Article 17 — Jurisdiction of courts-martial in general.

322.017
Article 17 — Jurisdiction of courts-martial in general.
Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this code. Additionally, the state military forces have court-martial jurisdiction over all members subject to this code.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.018 - Article 18 — Jurisdiction of general courts-martial.

322.018
Article 18 — Jurisdiction of general courts-martial.
Subject to s. 322.017, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under limitations as the governor may prescribe, adjudge any punishment not forbidden by this code.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.019 - Article 19 — Jurisdiction of special courts-martial.

322.019
Article 19 — Jurisdiction of special courts-martial.
Subject to s. 322.017, special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under limitations as the governor may prescribe, adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.020 - Article 20 — Jurisdiction of summary courts-martial.

322.020
Article 20 — Jurisdiction of summary courts-martial.
(1)
Subject to s. 322.017, summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under limitations as the governor may prescribe.
(2)
No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under limitations as the governor may prescribe, adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than 2 months, or forfeiture of more than two-thirds of one month's pay.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.022 - Article 22 — Who may convene general courts-martial.

322.022
Article 22 — Who may convene general courts-martial.
(1)
General courts-martial may be convened by any of the following:
(a)
The governor.
(b)
The adjutant general.
(c)
The commanding general officer of any force of the state military forces.
(d)
The commanding officer of a division or a separate brigade.
(e)
The commanding officer of a separate wing.
(2)
If any commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by a superior authority if considered desirable by the authority.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.023 - Article 23 — Who may convene special courts-martial.

322.023
Article 23 — Who may convene special courts-martial.
(1)
Special courts-martial may be convened by any of the following:
(a)
Any person who may convene a general court-martial.
(b)
The commanding officer of a garrison, fort, post, camp, station, air national guard base, or naval base or station.
(c)
The commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the army national guard.
(d)
The commanding officer of a wing, group, separate squadron, or corresponding unit of the air national guard.
(e)
The commanding officer or officer in charge of any other command when empowered by the adjutant general.
(2)
If the officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by a superior authority if considered desirable by the superior competent authority.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.024 - Article 24 — Who may convene summary courts-martial.

322.024
Article 24 — Who may convene summary courts-martial.
(1)
Summary courts-martial may be convened by any of the following:
(a)
Any person who may convene a general or special court-martial.
(b)
The commanding officer of a detached company or other detachment, or corresponding unit of the army national guard.
(c)
The commanding officer of a detached squadron or other detachment, or corresponding unit of the air national guard.
(d)
The commanding officer or officer in charge of any other command when empowered by the adjutant general.
(2)
When only one commissioned officer is present with a command or detachment that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. Summary courts-martial may, however, be convened in any case by superior competent authority if considered desirable by that authority.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.025 - Article 25 — Who may serve as a member on courts-martial.

322.025
Article 25 — Who may serve as a member on courts-martial.
(1)
Any commissioned officer of the state military forces is eligible to serve on all courts-martial for the trial of any person subject to this code.
(2)
Any warrant officer of the state military forces is eligible to serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer.
(3)
Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member subject to this code, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under s. 322.039 (1) prior to trial or, in the absence of a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After 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 enlisted members cannot be obtained on account of physical conditions or military exigencies. If the members cannot be obtained, the court may be assembled 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.
(4)
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 accused in rank or grade.
(5)
When convening a court-martial, the convening authority shall detail members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial when that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.
(6)
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.
(7)
The convening authority may delegate the authority under this section to a judge advocate or to any other principal assistant.
(8)
In this section, “unit" means any regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.026 - Article 26 — Military judge of a general or special court-martial.

322.026
Article 26 — Military judge of a general or special court-martial.
(1)
A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
(2)
A military judge shall meet all of the following qualifications:
(a)
Be a commissioned officer of the armed forces of the United States or of a component thereof or a commissioned officer of an organized state military force.
(b)
Be an attorney licensed to practice in this state or be a member of the bar of a federal court for at least 5 years.
(c)
Be certified as qualified for duty as a military judge by the senior force judge advocate of the same force as the accused.
(3)
In the instance when a military judge is not an attorney licensed to practice in this state, the military judge shall be deemed admitted on motion, subject to filing a certificate with the senior force judge advocate of the same force as the accused setting forth the qualifications provided in sub. (2).
(4)
The military judge of a general or special court-martial shall be designated by the state senior force judge advocate of the same force as the accused if possible, or otherwise by the senior of the senior force judge advocates, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority 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.
(5)
No person is eligible to act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer, trial counsel, or defense counsel in the same case.
(6)
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 vote with the members of the court.
History:  2007 a. 200; 2009 a. 179; 2013 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.027 - Article 27 — Detail of trial counsel and defense counsel.

322.027
Article 27 — Detail of trial counsel and defense counsel.
(1)
For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and assistants as are appropriate.
(2)
No person who has acted as investigating officer, military judge, witness 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.
(3)
Except as provided in sub. (4), trial counsel or defense counsel detailed for a general or special court-martial must meet all of the following:
(a)
A judge advocate.
(b)
In the case of trial counsel, an attorney licensed to practice in this state.
(4)
In the instance when a defense counsel is not an attorney licensed to practice in this state, the defense counsel shall be deemed admitted on motion, subject to filing a certificate with the military judge setting forth the qualifications that counsel is all of the following:
(a)
A commissioned officer of the armed forces of the United States or a component thereof.
(b)
A member in good standing of the bar of the highest court of another state.
(c)
Certified as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps, or a judge advocate as defined in this code.
(5)
Trial counsel detailed to a court-martial shall be considered a prosecutor under state statutes.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.028 - Article 28 — Detail or employment of reporters and interpreters.

322.028
Article 28 — Detail or employment of reporters and interpreters.
Under regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.029 - Article 29 — Absent and additional members.

322.029
Article 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 5 members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of 5 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 3 members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than 3 members, unless the accused waives the number of members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation is read to the court in the presence of the military judge, 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 s. 322.016 (1) (b) or (2) (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 is read in court in the presence of the new military judge, the accused, and counsel for both sides.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.030 - Article 30 — Charges and specifications.

322.030
Article 30 — Charges and specifications.
(1)
Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by s. 322.136 (1) to administer oaths and shall state all of the following:
(a)
That the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications.
(b)
That the facts are true to the best of the signer's knowledge and belief.
(2)
Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.031 - Article 31 — Compulsory self-incrimination prohibited.

322.031
Article 31 — Compulsory self-incrimination prohibited.
(1)
No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
(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 that person of the nature of the accusation and advising that person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.
(3)
No person subject to this code may compel any person to make a statement or produce evidence before any military court 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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.032 - Article 32 — Investigation.

322.032
Article 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 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 the accused and of the right to be represented at that investigation by counsel. The accused has the right to be represented at that investigation as provided in s. 322.038 and in regulations prescribed under that section. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against the accused, if they are available, and to present anything the accused may desire in the accused's 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 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 sub. (2), no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is 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 the accused's own behalf.
(4)
If evidence adduced in an investigation under this section 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 all of the following apply:
(a)
The accused is present at the investigation.
(b)
The accused is informed of the nature of each uncharged offense investigated.
(c)
The accused is afforded the opportunities for representation, cross-examination, and presentation prescribed in sub. (2).
(5)
The requirements of this section are binding on all persons administering this code but failure to follow them does not constitute jurisdictional error.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.033 - Article 33 — Forwarding of charges.

322.033
Article 33 — Forwarding of charges.
When a person is held for trial by general court-martial, the commanding officer shall within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that person the reasons for delay.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.034 - Article 34 — Advice of judge advocate and reference for trial.

322.034
Article 34 — Advice of 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 a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that all the following conditions are met:
(a)
The specification alleges an offense under this code.
(b)
The specification is warranted by the evidence indicated in the report of investigation under s. 322.032, if there is a report.
(c)
A court-martial would have jurisdiction over the accused and the offense.
(2)
The advice of the judge advocate under sub. (1) with respect to a specification under a charge shall include a written and signed statement by the judge advocate that does all of the following:
(a)
Expresses conclusions with respect to each matter set forth in sub. (1).
(b)
Recommends action that the convening authority take regarding the specification.
(3)
If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
(4)
If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.035 - Article 35 — Service of charges.

322.035
Article 35 — Service of charges.
The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No person may, against the person's objection, be brought to trial before a general court-martial case within a period of 5 days after the service of charges upon the accused or, in a special court-martial, within a period of 3 days after the service of charges upon the accused.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.036 - Article 36 — Governor may prescribe regulations.

322.036
Article 36 — Governor may prescribe regulations.
Pretrial, trial, and post-trial procedures, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may be prescribed by the governor by regulations, or as otherwise provided by law, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this code.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.037 - Article 37 — Unlawfully influencing action of court.

322.037
Article 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 commanding officer's staff, may censure, reprimand, or admonish the court or any member, the military judge, or counsel, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts. This subsection does not apply with respect to the any of the following:
(a)
General instructional or informational courses in military justice if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial.
(b)
Statements and instructions given in open court by the military judge, summary court-martial officer, 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 state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code may, in preparing any report, do any of the following:
(a)
Consider or evaluate the performance of duty of any member as a member of a court-martial or witness.
(b)
Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.038 - Article 38 — Duties of trial counsel and defense counsel.

322.038
Article 38 — Duties of trial counsel and defense counsel.
(1)
The trial counsel of a general or special court-martial shall be an attorney licensed to practice in this state and shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.
(2)
(a)
The accused has the right to be represented in defense before a general or special court-martial or at an investigation under s. 322.032.
(b)
The accused may be represented by civilian counsel at the provision and expense of the accused.
(c)
The accused may be represented by any of the following:
1.
Military counsel detailed under s. 322.027.
2.
Military counsel of the accused's own selection if that counsel is reasonably available as determined under par. (g).
(d)
If the accused is represented by civilian counsel, military counsel detailed or selected under par. (c) shall act as associate counsel unless excused by the military judge at the request of the accused.
(e)
Except as provided under par. (f), if the accused is represented by military counsel of his or her own selection under par. (c) 2., any military counsel detailed under par. (c) 1. shall be excused.
(f)
The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under s. 322.027 to detail counsel, in that person's sole discretion may do any of the following:
1.
Detail additional military counsel as assistant defense counsel.
2.
If the accused is represented by military counsel of the accused's own selection under par. (c) 2., approve a request from the accused that military counsel detailed under par. (c) 1. act as associate defense counsel.
(g)
The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available.
(3)
In any court-martial proceeding resulting in a conviction, the defense counsel may do any of the following:
(a)
Forward for attachment to the record of proceedings a brief of matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate.
(b)
Assist the accused in the submission of any matter under s. 322.060.
(c)
Take other action authorized by this code.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.039 - Article 39 — Sessions.

322.039
Article 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 s. 322.035, call the court into session without the presence of the members for the purpose of any of the following:
(a)
Hearing and determining motions raising 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 code, 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.
(d)
Performing any other procedural function which does not require the presence of the members of the court under this code.
(2)
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. These proceedings may be conducted notwithstanding the number of court members and without regard to s. 322.029.
(3)
When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.040 - Article 40 — Continuances.

322.040
Article 40 — Continuances.
The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
History:  2007 a. 200; 2009 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.041 - Article 41 — Challenges.

322.041
Article 41 — Challenges.
(1)
(a)
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 the court shall determine the relevancy 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.
(b)
If exercise of a challenge for cause reduces the court below the minimum number of members required by s. 322.016, all parties shall, notwithstanding s. 322.029, 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.
(2)
(a)
Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.
(b)
If exercise of a peremptory challenge reduces the court below the minimum number of members required by s. 322.016, the parties shall, notwithstanding s. 322.029, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.
(c)
Whenever additional members are detailed to the court, and after any challenges for cause against 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.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.042 - Article 42 — Oaths or affirmations.

322.042
Article 42 — Oaths or affirmations.
(1)
Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking, the manner of recording the same, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulation or as provided by law. These regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if an oath or affirmation 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 under oath or affirmation.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.043 - Article 43 — Statute of limitations.

322.043
Article 43 — Statute of limitations.
(1)
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 s. 322.015 if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under s. 322.015.
(2)
Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section.
(3)
Periods in which the accused was absent from territory in which the state has the authority to apprehend him or her, 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.
(4)
When the United States is at war based on a congressional declaration or by presidential declaration under the Global War on Terror, the running of any statute of limitations is suspended until 2 years after the termination of hostilities, as proclaimed by the president or by a joint resolution of congress, and the suspension is applicable to any offense under this code under any of the following circumstances:
(a)
The offense involves fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not.
(b)
The offense is committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States or any state.
(c)
The offense is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or government agency.
(5)
(a)
If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired, or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in par. (b) are met.
(b)
The conditions referred to in par. (a) are that the new charges and specifications satisfy all of the following:
1.
Be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications.
2.
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.
History:  2007 a. 200; 2009 a. 179.