39A-5-202. Composition — Convening authority — Responsibilities.
| (1) |
Within the National Guard while not in federal service, there is created a military court to hear matters designated under the Utah Code of Military Justice. |
Terms Used In Utah Code 39A-5-202
- Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (2) |
The governor or the adjutant general of the state is the convening authority for any military court in the state and upon receipt of charges may:
| (b) |
forward charges to a subordinate commander for disposition; or |
| (c) |
refer charges to a military court for trial. |
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| (3) |
A military court shall be convened in accordance with this part. |
| (4) |
The court shall be composed of:
| (a) |
a military judge and not fewer than three panel members; or |
| (b) |
a military judge, if before the court is assembled, the accused, knowing the identity of the military judge and after consultation with his defense counsel, requests in writing a court composed only of a military judge, and the military judge approves the request. |
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| (5) |
The convening authority of a military court or court of inquiry:
| (a) |
shall detail or employ qualified court reporters to record the proceedings of and testimony taken by the court; and |
| (b) |
may detail or employ interpreters, as necessary. |
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Renumbered and Amended by Chapter 373, 2022 General Session
