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§ 13A-1101. Courts of inquiry

West's Annotated Code of MarylandPublic SafetyEffective: April 11, 2023

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13a. Maryland Code of Military Justice (Refs & Annos)
Subtitle 11. Miscellaneous Provisions (Refs & Annos)
Effective: April 11, 2023
MD Code, Public Safety, § 13A-1101
§ 13A-1101. Courts of inquiry
Currentness
Convening investigation
(a) A court of inquiry to investigate any matter of concern to the State military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.
Members of court
(b)(1) A court of inquiry consists of three or more commissioned officers.
(2) For each court of inquiry, the convening authority shall also appoint counsel for the court.
Party
(c)(1) A person subject to this title whose conduct is subject to inquiry shall be designated as a party.
(2) A person subject to this title who has a direct interest in the subject of inquiry has the right to be designated as a party on request to the court.
(3) A 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.
Member of court challenged for cause
(d) A member of a court of inquiry may be challenged by a party, but only for cause stated to the court.
Oath
(e) The members, counsel, the reporter, and interpreters of a court of inquiry shall take an oath to faithfully perform their duties.
Witnesses
(f) Witnesses may be summoned to appear and testify and be examined before a court of inquiry, as provided for courts-martial.
Court of inquiry to make findings of facts
(g) 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.
Record of proceedings
(h)(1) A 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.
(2) If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.
(3) If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

Credits

Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Public Safety, § 13A-1101, MD PUBLIC SAFETY § 13A-1101
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document