26-209. Commitment of accused for failure to
pay fine; warrant; length of confinement; judgment by justice of
the peace based on findings of court-martial; execution;
classification
A. If an accused fails or refuses to pay the fine imposed by a military court
within the time and manner specified in section 26-208, the president of the military
court shall, within ten days after expiration of the time within which the accused may
appeal, or, if an appeal is taken, within ten days after final determination thereof,
issue a warrant of commitment in the name of the state directed to the sheriff, and
commanding him to arrest the accused and take him to the jail of the city, town or county
in which he is found. Confinement for refusal to pay a fine shall be one day for each
ten dollars or fraction of the fine, penalty and costs. The accused may, by order of the
officer ordering the court, be released at any time.
B. The court may, in its discretion, and within the time prescribed by subsection A
of this section, file an authenticated copy of the findings of the court-martial with the
justice of the peace in the precinct in which the accused resides. The justice of the
peace shall thereupon render judgment against the accused, with costs, without issuing
summons, and shall issue execution thereon directed to the sheriff or to the constable of
the precinct. The sheriff or constable shall collect the fine and costs by execution as
at law.
C. A justice of the peace who intentionally fails to carry out the provisions of
this section is guilty of a petty offense.
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