CHAPTER 9. COURT-MARTIAL PROCEDURES
IC 10-16-9
Chapter 9. Court-Martial Procedures
IC 10-16-9-1
Uniform code of military justice; trial by civil authorities; killingand injuring during riots; governor's duties
Sec. 1. (a) Except as otherwise provided, if the Indiana nationalguard is in active service on behalf of the state:
(1) in case of:
(A) public disaster;
(B) riot;
(C) tumult;
(D) breach of the peace; or
(E) resistance of process;
(2) whenever called upon in aid of civil authorities;
(3) under martial law;
(4) at encampments or any scheduled training periods or drillsfor which a member is entitled to pay, within or outside Indiana;or
(5) upon any other duty requiring the entire time of the Indiananational guard, or any part of the Indiana national guard;
the uniform code of military justice governing the armed forces ofthe United States with any subsequent change approved by theadjutant general as applicable to Indiana military law is in force andregarded as a part of this article for the Indiana national guard untilthe Indiana national guard is relieved from duty.
(b) Confinement in a penitentiary under this article must be in apenitentiary in Indiana. An offense committed by the member of thenational guard while in active service may be tried and punished bya court-martial lawfully appointed.
(c) Except as provided in subsections (d) and (e), if the accusedmember of the Indiana national guard is found guilty, the convictedmember shall be punished according to the uniform code of militaryjustice and the rules and regulations governing the United Statesarmed forces but within the limits prescribed by federal law forcourt-martial in the national guard.
(d) If the offense charged is also an offense by the civil law ofIndiana, the officer whose duty it is to approve the charge may orderthe person charged to be turned over to the civil authorities for trial.
(e) Punishment under the rules and articles of the uniform code ofmilitary justice that extend to the taking of life may not be inflicted,except in time of actual war, invasion, or insurrection, declared byproclamation of the governor to exist, or to be threatened oranticipated.
(f) If a:
(1) person resisting the laws of the state or unlawfully orriotously assembled for that purpose; or
(2) bystander or other person in the vicinity;
is killed or injured by state forces called into active service under thisarticle and acting in obedience to the orders of its commanding
officer, the officer or member of the Indiana national guard is notsubject to indictment, trial, or any civil process other than by acourt-martial, to be convened for that purpose by the governor.
(g) The finding of the court-martial, when submitted to andapproved by the governor, in accordance with the uniform code ofmilitary justice, is final and conclusive on all persons.
(h) If an indictment is found or information filed against theperson, a writ or other process may not be issued by the clerk of thecourt where the indictment was returned or information filed againstthe defendant. The clerk shall immediately transmit to the governora certified copy, and, upon the receipt of the certified copy, thegovernor shall cause to be convened a court-martial to determine thetruth of the charges and the punishment, if any, to be inflicted.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-2
Military courts
Sec. 2. (a) The military courts of Indiana shall be organized asfollows:
(1) General court-martial.
(2) Special court-martial.
(3) Summary court-martial.
(b) The courts shall be constituted, have cognizance of the samesubject, and possess like powers, except as to punishments, as similarcourts provided for by the laws and regulations governing the armedforces of the United States. The proceedings of the courts-martialmust follow the forms and modes of procedure prescribed for thecourts governing the armed forces of the United States and asapproved by the adjutant general.
(c) A general court-martial may be convened by orders of thegovernor and may try a person subject to military law. The generalcourt-martial may impose fines of not more than two hundred dollars($200) and sentence a person to:
(1) a forfeit of pay and allowances;
(2) a reprimand;
(3) dismissal or dishonorable discharge from the services;
(4) reduction of noncommissioned officers to the ranks; or
(5) any combination of two (2) or more of the punishmentsdescribed in subdivisions (1) through (4).
(d) The adjutant general or the commanding officer of each campor other place, division, regiment, separate battalion, air squadron,group, or other detached command may appoint a specialcourt-martial for that command. However, a special court-martialmay be appointed by superior authority if the superior authorityconsiders it desirable. The special court-martial:
(1) may try any person subject to military law, except acommissioned officer, for any crime or offense madepunishable by the military laws of the United States or the state;and
(2) has the same powers of punishment as does a general
court-martial, except that fines imposed by the courts may notexceed one hundred dollars ($100).
(e) The adjutant general or the commanding officer of each campor other place, division, regiment, battalion, company, air squadron,group, or other detachment of the national guard may appoint for theplace or command a summary court to consist of one (1) officer, whomay administer oaths and try the enlisted persons of the place orcommand for breaches of discipline and violations of laws whengoverning the organizations. The court, when satisfied of the guilt ofthe soldier, may:
(1) impose fines of not more than twenty-five dollars ($25) forany offense;
(2) sentence noncommissioned officers to reduction in rank;and
(3) sentence to forfeiture of pay and allowances.
The proceedings of the court must be informal and the minutes mustbe the same as prescribed for summary courts of the armed forces ofthe United States.
(f) All courts-martial of the Indiana national guard, includingsummary courts, may sentence to confinement instead of imposingan authorized fine if the sentence of confinement does not exceedone (1) day for each one dollar ($1) of fine authorized.
(g) A sentence of dismissal from the service or dishonorabledischarge imposed by a national guard court-martial may not beexecuted until approved by the governor.
(h) A conviction by court-martial that has been approved by theconvening authority under this article may be appealed to a militarycourt of appellate review. The military court of appellate review mustconsist of three (3) Indiana national guard judge advocates appointedto the military court of appellate review by the adjutant general.
(i) Presidents of courts-martial and summary courts officers maydo the following:
(1) Issue warrants to arrest an accused person and to bring theperson before the court for trial if the person has disobeyed anorder in writing from the convening authority to appear beforethe court. A copy of the charge must be delivered to the accusedwith the order.
(2) Issue subpoenas duces tecum.
(3) Enforce by attachment attendance of witnesses and theproduction of books and papers.
(4) Sentence for a refusal to be sworn or to answer as providedin action before civil courts.
(j) All processes of a court-martial, when it is impracticable to beexecuted by the military forces of the state, shall be:
(1) brought in the name of the state; and
(2) executed by the civil officers designated by the president ofthe court-martial or summary court officer issuing the process.
The designated civil officer shall execute all processes and return theprocesses to the officer who issued the processes. The civil officershall be paid the fees and allowances provided for like processes in
civil actions of the state. The fees shall be charged in case ofconviction of the accused as a part of the penalty of the offense ofwhich the accused may be convicted whether the punishment for theoffense is imprisonment or a fine, or both. The payment of the costsin addition to the payment of the fine imposed shall be enforced byimprisonment until the payment is satisfied, at a rate of one dollar($1) per day of the costs or fine, or both.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-3
Collection of fines
Sec. 3. (a) Fines may be collected in the following manner:
(1) By the retention of any pay or allowances due or to becomedue from the state.
(2) By commitment to a jail designated by the reviewingauthority until the fine is paid or until one (1) day is served foreach one dollar ($1) of the fine imposed.
(3) By payment to the county treasurer. The county treasurershall immediately transmit the payment to the treasurer of state.The treasurer of state shall quarterly pay the sums to the armoryboard, and the sums are appropriated continuously for thepurposes of IC 10-16-3-11. It is sufficient to record upon thepayroll opposite the name of the person fined a notation of thesentence of the court-martial and the date of approval of thesentence, together with the name and rank of the reviewingauthority.
(b) A sentence of imprisonment imposed by a court-martial duringactive service or at camps of instruction shall be carried out byconfinement in a guardhouse, tent, or other places designated by thereviewing authority. A sentence of imprisonment imposed bycourt-martial upon persons not in active service or at camps ofinstruction shall be carried out by confinement in a jail to bedesignated by the reviewing authority.
As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.19.
IC 10-16-9-4
Fines; confinement until paid
Sec. 4. If a fine is assessed by a court-martial against a member ofthe Indiana national guard to whom pay is not due or about tobecome due, the member of the Indiana national guard fails orrefuses to make payment to the treasurer of the state and theproceedings of the court have been approved by the reviewingauthority, the reviewing authority in the case of a general or specialcourt-martial, or the summary court officer in the case of a summarycourt-martial, shall issue a writ in a form approved by the adjutantgeneral for the confinement of the member of the Indiana nationalguard until the:
(1) fine has been paid; or
(2) member has served one (1) day for each one dollar ($1) ofthe fine imposed and costs of the action accrued.As added by P.L.2-2003, SEC.7.
IC 10-16-9-5
Sheriffs; order of confinement
Sec. 5. If a sentence of imprisonment is to be served in a placeother than in a guardhouse or tent, the reviewing authority in the caseof a general or special court-martial and the summary court officerin the case of a summary court-martial shall issue to the sheriff of thecounty where the confinement has been ordered by the reviewingauthority an order of confinement in a form approved by the adjutantgeneral.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-6
Disciplinary punishment
Sec. 6. (a) The commanding officer of any detachment, company,or other unit or organization may impose disciplinary punishmentupon any enlisted member of the officer's command.
(b) An officer exercising command normally exercised by ageneral officer may impose disciplinary punishment upon anywarrant or commissioned officer of the exercising officer'scommand.
(c) A punishment imposed by authority of this section mayinclude the following:
(1) Admonition.
(2) Reprimand.
(3) Withholding privileges for up to seven (7) twenty-four (24)hour duty days.
(4) Restriction to specific area limits for up to seven (7)twenty-four (24) hour duty days.
(5) Imposition of a fine of not more than two-thirds (2/3) of one(1) month's pay to which the member would have been entitledduring the month of the offense.
(d) A commanding officer may also:
(1) order a member of the officer's command to be confinedunder correctional custody for not more than eight (8) days;
(2) reduce the member's rank to the next inferior grade; or
(3) order a member confined and reduce the member's rank asprovided in subdivisions (1) and (2).
However, only the commanding officer who holds promotionauthority over the member charged with an offense may prescribe thepunishment of correctional custody, fine, or reduction in rank.
(e) Fines shall be collected as directed under section 3 of thischapter.
(f) Confinement shall be carried out in compliance with sections5 and 11 of this chapter.
(g) This section may not be construed to be a waiver of the rightto trial by court-martial.
(h) A sentence may not be executed until the right of appeal hasbeen exhausted or waived as prescribed in the uniform code of
military justice.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-7
Arrest of members
Sec. 7. (a) Officers, warrant officers, and enlisted persons of theIndiana national guard may be placed in arrest by their militarysuperiors for violations of military offenses committed duringperiods of authorized military duty.
(b) If any member of the Indiana national guard fails or refuses toreport to the member's appointed place of duty, the commandingofficer may:
(1) arrest or cause to be arrested the member; and
(2) have the member brought before the commanding officer atthe member's unit or organization headquarters.
(c) If military personnel are not available to make the arrest or ifthe commanding officer considers it advisable, the commandingofficer may issue a warrant to any sheriff, constable, or other lawenforcement officer authorized to serve warrants of arrest under civillaw. The law enforcement officer shall serve the warrant in the samemanner as other warrants of arrest and make return of the warrant tothe commanding officer issuing the warrant.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-8
Marshals
Sec. 8. (a) The president or military judge of a general and aspecial court-martial and a summary court officer may each appointby warrant and at any time remove one (1) or more marshals. Amarshal shall do the following:
(1) If ordered by the president of a general or specialcourt-martial or summary court officer, execute any process,mandate, or order issued by the president or court or officer.
(2) Perform all acts and duties authorized to be performed byany sheriff, marshal, or constable under this article.
(b) A commanding officer imposing disciplinary punishmentunder section 6 of this chapter may request the summary court officerhaving jurisdiction over the unit to appoint a marshal to carry out theprocess, mandate, or order issued by the commanding officer.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-9
Civil proceedings against military members preferring charges;sentences or executing process and writs
Sec. 9. An action on civil proceeding may not be presentedagainst:
(1) any member of the armed forces of Indiana who preferscharges against any person subject to military discipline; or
(2) any member of a military court or officer or person actingunder the court's authority or reviewing its proceedings on
account of the:
(A) approval, imposition, or execution of any sentence;
(B) imposition or collection of a fine or penalty; or
(C) execution of any warrant, writ, execution, process, ormandate of a military court.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-10
Jurisdiction; presumptions and burden of proof
Sec. 10. The jurisdiction of the courts and boards established bythis chapter is presumed, and the burden of proof rests on any personseeking to oust the courts or boards of jurisdiction in any action orproceedings.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-11
Jails; designating place of confinement; sentence served onconsecutive day basis
Sec. 11. (a) The reviewing authority shall designate:
(1) the jail of any county; and
(2) when ordered out of the state for duty, an appropriate placeof confinement;
as the place where any sentence of confinement by a military courtshall be executed.
(b) With regard to punishment under section 6 of this chapter,confinement shall be at the county jail designated by the officerholding appellate jurisdiction over the case and having the advice ofa staff judge advocate as to the legality of the proceedings. However,at the discretion of the officer holding appellate jurisdiction, shortterm confinement may be carried out in an acceptable municipal jail.
(c) Unless the commanding officer who ordered the sentencedirects otherwise, a sentence of confinement or correctional custodyshall be served on a consecutive day basis.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-12
Disorderly conduct in presence of court-martial
Sec. 12. (a) A person connected with the military service:
(1) shall treat a court-martial with respect; and
(2) in default of respectful consideration, may be proceededagainst by arrest and trial.
(b) A person who is not connected with the military service shallbehave with respect and decorum toward a court-martial.
(c) A person who engages in disorderly conduct in the presenceof a court-martial commits a Class C infraction.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-13
United States military laws and regulations
Sec. 13. The general principle and spirit of the military laws and
regulations for the government of the armed forces of the UnitedStates, when not in conflict with the express provisions of thischapter or the Constitution of the State of Indiana, shall be the guideof commanding officers and courts-martial.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-14
Lack of form not vitiating proceedings
Sec. 14. A lack of form may not vitiate the proceedings of acourt-martial.
As added by P.L.2-2003, SEC.7.
IC 10-16-9-15
Administration of oaths
Sec. 15. An officer may administer oaths when necessary underthis article.
As added by P.L.2-2003, SEC.7.