10 U.S.C. § 935

Art. 135. Courts of inquiry

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(a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.(c)(1) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.(2) Any person who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.(3) 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.(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.(h) 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.(Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 114–328, div. E, title LXI, § 5501, Dec. 23, 2016, 130 Stat. 2960.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
935(a) 935(b) 935(c)	50:731(a). 50:731(b). 50:731(c).	May 5, 1950, ch. 169, § 1 (Art. 135), 64 Stat. 143.
935(d)	50:731(d).
935(e)	50:731(e).
935(f)	50:731(f).
935(g)	50:731(g).
935(h)	50:731(h).

In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.

In subsection (b), the word “commissioned” is inserted for clarity. The word “consists” is substituted for the words “shall consist”.

In subsection (c), the word “has” is substituted for the words “shall have”.

In subsection (e), the words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1.

In subsection (g), the word “may” is substituted for the word “shall”.

In subsection (h), the word “If” is substituted for the words “In case”.

Editorial NotesAmendments

2016—Subsec. (c). Pub. L. 114–328 designated first through third sentences as pars. (1) to (3), respectively, and, in par. (2), substituted “who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and” for “subject to this chapter or employed by the Department of Defense”.

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions

Cited in 7 cases, 1960–2013 · leading case: United States v. Winckelmann, 73 M.J. 11 (C.A.A.F. 2013).

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United States v. Winckelmann, 73 M.J. 11 (C.A.A.F. 2013). “Sales was convicted by members of indecent acts under Article 134, UCMJ, and sodomy under Article 125, 7 UCMJ, 10 U.S.C. § 935 . 22 M.J. at 306 . He received six months of confinement and a bad-conduct discharge.”

Marshall Kenneth Flowers v. First Hawaiian Bank, Schofield Branch, 295 F.3d 966 (1st Cir. 2002). “See 10 U.S.C. § 935 . Also unavailing is the provision for deposition subpoenas because, although evidence obtained by a deposition may be used in an Article 32 proceeding, see discussion following RCM 702(a), depositions under RCM 702 are distinct legal proceedings.”

Golding v. United States, 48 Fed. Cl. 697 (Fed. Cl. 2001). “10 U.S.C. § 935 (1988) (Uniform Code of Military Justice, Article 135).”

United States v. Enloe, 15 C.M.A. 256 (1965). “Blackmer v United States, 284 US 421 , 76 L ed 375, 52 S Ct 252, 255 (1932) ; Shotkin v Nelson, 146 F2d 402 (CA 10th Cir) (1944) ; United States v Chin Lim Mow, 12 FRD 433 (SD Cal) (1952); see also Article 135, Uniform Code, supra, 10 USC § 935 . Appellate defense counsel…”

United States Ex Rel. Karr v. Castle, 746 F. Supp. 1231 (D. Del. 1990). “, 10 U.S.C. § 935 (A-69). On September 28, 1987, Lank issued a written decision to Karr regarding the application for convening a court of inquiry, holding that the U.”

Dukes v. Smith, 34 M.J. 803 (1991). “§ 876a; the conduct or results of a court of inquiry pursuant to Article 135, UCMJ, 10 U.S.C. § 935 ; the merits of a complaint of wrong made pursuant to Article 138, UCMJ, 10 U.”

Leslie F. Narum v. United States, 287 F.2d 897 (Ct. Cl. 1960). “…plaintiff’s petition will be dismissed. It is so ordered. LARAMORE, Judge, concurs. . Now 10 U.S.C.A. § 850 . . Now 10 U.S.C.A. § 935 .”

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