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2018 Georgia Code 38-2-1134 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-2-1134 Case Law from Google Scholar Amendments to OCGA 38-2-1134

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 5 CODE OF MILITARY JUSTICE

38-2-1134. General provision.

Though not specifically mentioned in this article, all disorders and neglects to the prejudice of good order and discipline in the organized militia and all conduct of a nature to bring discredit upon the organized militia shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this article and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court shall be determined in accordance with subsection (b) of Code Section 38-2-1002.

(Code 1981, §38-2-1134, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 934.

PART 11 M ISCELLANEOUS PROVISIONS

38-2-1135. Courts of inquiry; composition; parties; report.

  1. Courts of inquiry to investigate any matter of concern to the organized militia may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.
  2. A court of inquiry shall consist of three 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 article whose conduct is subject to inquiry shall be designated as a party. Any person subject to this article 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 has 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 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.

(Code 1981, §38-2-1135, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

Cross references.

- Vesting of efficiency and medical examining boards with powers of courts of inquiry and courts-martial, § 38-2-216.

U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 935.

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