Kentucky Statutes 35.800 – Courts of inquiry
Current as of: 2024 | Check for updates
|
Other versions
(1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested an inquiry.
(2) A court of inquiry consists of three (3) or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
(3) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and shall have the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(7) Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.
(8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court it shall be signed by a member in lieu of the counsel.
Effective: June 25, 2013
History: Repealed, reenacted, renumbered, and amended 2013 Ky. Acts ch. 32, sec.
139, effective June 25, 2013. — Amended 1970 Ky. Acts ch. 56, sec. 52. — Created
1954 Ky. Acts ch. 99, sec. 74, effective July 1, 1954.
Formerly codified as KRS § 35.375.
(2) A court of inquiry consists of three (3) or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
Terms Used In Kentucky Statutes 35.800
- Code: means this chapter. See Kentucky Statutes 35.010
- Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Kentucky Statutes 35.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Oath: A promise to tell the truth.
- Record: when used in connection with the proceedings of a court-martial, means: (a) An official written transcript, written summary, or other writing relating to the
proceedings. See Kentucky Statutes 35.010 - Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
- Testify: Answer questions in court.
(3) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and shall have the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(7) Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.
(8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court it shall be signed by a member in lieu of the counsel.
Effective: June 25, 2013
History: Repealed, reenacted, renumbered, and amended 2013 Ky. Acts ch. 32, sec.
139, effective June 25, 2013. — Amended 1970 Ky. Acts ch. 56, sec. 52. — Created
1954 Ky. Acts ch. 99, sec. 74, effective July 1, 1954.
Formerly codified as KRS § 35.375.