PART XI. MISCELLANEOUS PROVISIONS

 

[§124A-161]  Courts of inquiry.  (a) Courts of inquiry to investigate any matter may be convened by the governor orby any other person designated by the governor for that purpose, whether or notthe persons involved have requested such an inquiry.

(b)  A court of inquiry consists of three ormore commissioned officers.  For each court of inquiry the convening authorityshall also appoint counsel for the court.

(c)  Any person subject to this chapter whoseconduct is subject to inquiry shall be designated as a party.  Any personsubject to this chapter or employed in the department of defense, who has adirect interest in the subject of inquiry has the right to be designated as aparty upon request to the court.  Any person designated as a party shall begiven 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 bechallenged by a party, but only for cause stated to the court.

(e)  The members, counsel, the reporter, andinterpreters of courts of inquiry shall take an oath or affirmation tofaithfully perform their duties.

(f)  Witnesses may be summoned to appear andtestify and be examined before courts of inquiry, as provided forcourts-martial.

(g)  Courts of inquiry shall make findings offact but may not express opinions or make recommendations unless required to doso by the convening authority.

(h)  Each court of inquiry shall keep a recordof its proceedings, which shall be authenticated by the signatures of thepresident 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 amember in lieu of the president.  If the record cannot be authenticated by thecounsel for the court, it shall be signed by a member in lieu of the counsel.[L 1982, c 171, pt of §2]