Attempts to influence or coerce court prohibited--exceptions.
40.126. 1. No authority convening a general, special, orsummary court-martial nor any other commanding officer, orofficer serving on the staff thereof, shall censure, reprimand oradmonish the court or any member, military judge or counselthereof, with respect to the findings or sentence adjudged by thecourt, or with respect to any other exercise of its or hisfunctions in the conduct of the proceeding. No person subject tosections 40.005 to 40.490 may attempt to coerce or, by anyunauthorized means, influence the action of a court-martial orany other military tribunal or any member thereof, in reachingthe findings or sentence in any case, or the action of anyconvening, approving or reviewing authority with respect to hisjudicial acts. The foregoing provisions shall not apply to:
(1) General instructional or informational courses inmilitary justice, if such courses are designed solely for thepurpose of instructing members of a command in the substantiveand procedural aspects of courts-martial; or
(2) Statements and instructions given in open court by themilitary judge or counsel.
2. In the preparation of an effectiveness, fitness orefficiency report, or any other report or document used in wholeor in part for the purpose of determining whether a member of thestate military forces is qualified to be advanced in grade or indetermining the assignment or transfer of a member of the statemilitary forces or in determining whether a member of the statemilitary forces should be retained on duty, no person subject tosections 40.005 to 40.490 may in preparing any such report:
(1) Consider or evaluate the performance of duty of any suchmember as a member, military judge or trial counsel of acourt-martial; or
(2) Give a less favorable rating or evaluation of any memberof the state military forces because of the zeal with which suchmember as defense counsel represented any accused before acourt-martial. This subsection is not applicable to evaluationsmade by the state judge advocate of the performance of personnelunder his supervision.
Attempts to influence or coerce court prohibited--exceptions.
40.126. 1. No authority convening a general, special, orsummary court-martial nor any other commanding officer, orofficer serving on the staff thereof, shall censure, reprimand oradmonish the court or any member, military judge or counselthereof, with respect to the findings or sentence adjudged by thecourt, or with respect to any other exercise of its or hisfunctions in the conduct of the proceeding. No person subject tosections 40.005 to 40.490 may attempt to coerce or, by anyunauthorized means, influence the action of a court-martial orany other military tribunal or any member thereof, in reachingthe findings or sentence in any case, or the action of anyconvening, approving or reviewing authority with respect to hisjudicial acts. The foregoing provisions shall not apply to:
(1) General instructional or informational courses inmilitary justice, if such courses are designed solely for thepurpose of instructing members of a command in the substantiveand procedural aspects of courts-martial; or
(2) Statements and instructions given in open court by themilitary judge or counsel.
2. In the preparation of an effectiveness, fitness orefficiency report, or any other report or document used in wholeor in part for the purpose of determining whether a member of thestate military forces is qualified to be advanced in grade or indetermining the assignment or transfer of a member of the statemilitary forces or in determining whether a member of the statemilitary forces should be retained on duty, no person subject tosections 40.005 to 40.490 may in preparing any such report:
(1) Consider or evaluate the performance of duty of any suchmember as a member, military judge or trial counsel of acourt-martial; or
(2) Give a less favorable rating or evaluation of any memberof the state military forces because of the zeal with which suchmember as defense counsel represented any accused before acourt-martial. This subsection is not applicable to evaluationsmade by the state judge advocate of the performance of personnelunder his supervision.
Attempts to influence or coerce court prohibited--exceptions.
40.126. 1. No authority convening a general, special, orsummary court-martial nor any other commanding officer, orofficer serving on the staff thereof, shall censure, reprimand oradmonish the court or any member, military judge or counselthereof, with respect to the findings or sentence adjudged by thecourt, or with respect to any other exercise of its or hisfunctions in the conduct of the proceeding. No person subject tosections 40.005 to 40.490 may attempt to coerce or, by anyunauthorized means, influence the action of a court-martial orany other military tribunal or any member thereof, in reachingthe findings or sentence in any case, or the action of anyconvening, approving or reviewing authority with respect to hisjudicial acts. The foregoing provisions shall not apply to:
(1) General instructional or informational courses inmilitary justice, if such courses are designed solely for thepurpose of instructing members of a command in the substantiveand procedural aspects of courts-martial; or
(2) Statements and instructions given in open court by themilitary judge or counsel.
2. In the preparation of an effectiveness, fitness orefficiency report, or any other report or document used in wholeor in part for the purpose of determining whether a member of thestate military forces is qualified to be advanced in grade or indetermining the assignment or transfer of a member of the statemilitary forces or in determining whether a member of the statemilitary forces should be retained on duty, no person subject tosections 40.005 to 40.490 may in preparing any such report:
(1) Consider or evaluate the performance of duty of any suchmember as a member, military judge or trial counsel of acourt-martial; or
(2) Give a less favorable rating or evaluation of any memberof the state military forces because of the zeal with which suchmember as defense counsel represented any accused before acourt-martial. This subsection is not applicable to evaluationsmade by the state judge advocate of the performance of personnelunder his supervision.
