PART XI. 
MISCELLANEOUS PROVISIONS



 



[§124A-161]  Courts of inquiry.  (a) 
Courts of inquiry to investigate any matter may be convened by the governor or
by any other person designated by the governor for that purpose, whether or not
the persons involved have requested such an inquiry.



(b)  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)  Any person subject to this chapter whose
conduct is subject to inquiry shall be designated as a party.  Any person
subject to this chapter or employed in the department of defense, 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)  Members of a court of inquiry may be
challenged by a party, but only for cause stated to the court.



(e)  The members, counsel, the reporter, and
interpreters of courts of inquiry shall take an oath or affirmation to
faithfully perform their duties.



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



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



(h)  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.
[L 1982, c 171, pt of §2]