26-1037. Unlawfully influencing action of
court
A. An authority convening a general, special or summary court-martial, or any other
commanding officer, shall not censure, reprimand or admonish the court or any member,
military judge or counsel, with respect to the findings or sentence adjudged by the
court, or with respect to any other exercises of its or his functions in the conduct of
the proceedings. A person subject to this chapter shall not attempt to coerce or, by any
unauthorized means, influence the action of a court-martial or any other military
tribunal or any member of a tribunal in reaching the findings or sentence in any case, or
the action of any convening, approving or reviewing authority with respect to judicial
acts. This subsection does not apply to general instructional or informational courses
in military justice if such courses are designed solely for the purpose of instructing
members of a command in the substantive and procedural aspects of courts-martial or to
statements and instructions given in open court by the military judge, president of a
special court-martial or counsel.
B. In the preparation of an effectiveness, fitness or efficiency report or any
other report or document used in whole or in part for the purpose of determining whether
a member of the national guard is qualified to be advanced in grade, in determining the
assignment or transfer of a member of the national guard or in determining whether a
member of the national guard should be retained, a person subject to this chapter, in
preparing any such report, shall not consider or evaluate the performance of duty of any
such member of a court-martial or give a less favorable rating or evaluation of any
member of the national guard because of the zeal with which such member, as counsel,
represented any accused before a court-martial.
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