§ 6101. Courts of inquiry.
(a) Who may convene.--Courts 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.
(b) Composition.--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) Parties.--Any person subject to this part whose conduct is subject to inquiry shall be designated as a party. Any person subject to this part 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.
(d) Challenging member.--Members of a court of inquiry may be challenged by a party but only for cause stated to the court.
(e) Oath or affirmation.--The members, counsel, reporters and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f) Witnesses.--Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Findings and recommendations.--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.
(h) Record.--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.
Section: 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 NextLast modified: October 8, 2016