39A-5-209. Military court findings — Prohibition of censuring or influencing court actions — Military court member’s performance.
| (1) |
The court or any panel member, military judge, or counsel of the court may not be censured, reprimanded, or admonished by a convening authority, commanding officer, or staff officer with respect to the findings or sentence adjudged by the court, or any other function carried out in the proceeding. |
Terms Used In Utah Code 39A-5-209
- Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. 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
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
| (2) |
An individual subject to this chapter may not attempt to coerce, or by any unauthorized means influence the action of:
| (a) |
the military court or any other military tribunal or any member of a military tribunal arriving at the findings or sentence in any case; or |
| (b) |
any convening, approving, or reviewing authority with respect to any judicial acts. |
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| (3) |
Subsection (2) does not apply to:
| (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 a military court; or |
| (b) |
statements and instructions given in open court by the military judge, the president of a military court, or counsel. |
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| (4) |
In preparing an effectiveness, efficiency, or fitness report, or any other report or document used in whole or in part for determining whether a member of the National Guard is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the National Guard, or in determining whether a member should be retained in an active status, an individual subject to this chapter may not:
| (a) |
consider or evaluate the performance of duty of any member of a military court; or |
| (b) |
give a less favorable rating or evaluation of any member of the National Guard because of the zeal with which the member, as counsel, represented any accused before a military court or before any other proceeding authorized by this chapter. |
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Renumbered and Amended by Chapter 373, 2022 General Session
