39A-5-239. Courts of inquiry.
| (1) |
Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the individuals involved have requested the inquiry. |
Terms Used In Utah Code 39A-5-239
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Cross examine: Questioning of a witness by the attorney for the other side.
- 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: means any or all of the armed forces of the United States. 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
- 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).
| (2) |
A court of inquiry consists of three or more commissioned officers. For each court, the convening authority shall also appoint counsel for the court. |
| (3) |
| (a) |
An individual subject to this chapter whose conduct is subject to inquiry shall be designated as a party. An individual subject to this chapter or employed by the National Guard, who has a direct interest in the subject of inquiry, has the right to be designated as a party upon request to the court. |
| (b) |
An individual designated as a party shall be given due notice and has the right to be present, represented by counsel, to have counsel appointed, to cross examine witnesses, and to introduce evidence. |
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| (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, reporter, and interpreters of a court of inquiry shall take an oath or affirmation to faithfully perform the duties required under this section. |
| (6) |
Witnesses may be summoned to appear and testify and be examined before a court of inquiry, under the same provisions as for a military court. |
| (7) |
A court of inquiry shall make findings of fact but may not express opinions or make recommendations, unless required to do so by the convening authority. |
| (8) |
| (a) |
A court of inquiry shall keep a record of the court’s proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. |
| (b) |
| (i) |
If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. |
| (ii) |
If the record cannot be authenticated by the counsel for the court, it shall be authenticated by a member in lieu of the counsel. |
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Renumbered and Amended by Chapter 373, 2022 General Session
