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 such report:

(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness in a court-martial; or

Terms Used In South Dakota Codified Laws 33-10-112

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.

Source: SL 2012, ch 175, § 93.