Courts of inquiry, duties, how convened--members of court--counsel, appointment--parties to inquiry, how determined,procedure--records.
40.420. 1. Courts of inquiry to investigate any matter maybe convened by the governor or by any other person designated bythe governor for that purpose, whether or not the personsinvolved have requested such an inquiry.
2. A court of inquiry consists of three or more commissionedofficers. For each court of inquiry the convening authorityshall also appoint counsel for the court.
3. Any person subject to sections 40.005 to 40.490 whoseconduct is subject to inquiry shall be designated as a party.Any person subject to sections 40.005 to 40.490 or employed inthe division of military affairs who has a direct interest in thesubject of inquiry has the right to be designated as a party uponrequest to the court. Any person designated as a party shall begiven due notice and has the right to be present, to berepresented by counsel, to cross-examine witnesses, and tointroduce evidence.
4. Members of a court of inquiry may be challenged by aparty, but only for cause stated to the court.
5. The members, counsel, the reporter, and interpreters ofcourts of inquiry shall take an oath or affirmation to faithfullyperform their duties.
6. Witnesses may be summoned to appear and testify and beexamined before courts of inquiry, as provided forcourts-martial.
7. Courts of inquiry shall make findings of fact but may notexpress opinions or make recommendations unless required to do soby the convening authority.
8. Each court of inquiry shall keep a record of itsproceedings, which shall be authenticated by the signatures ofthe president and counsel for the court and forwarded to theconvening authority. If the record cannot be authenticated bythe president, it shall be signed by a member in lieu of thepresident. If the record cannot be authenticated by the counselfor the court, it shall be signed by a member in lieu of thecounsel.
Courts of inquiry, duties, how convened--members of court--counsel, appointment--parties to inquiry, how determined,procedure--records.
40.420. 1. Courts of inquiry to investigate any matter maybe convened by the governor or by any other person designated bythe governor for that purpose, whether or not the personsinvolved have requested such an inquiry.
2. A court of inquiry consists of three or more commissionedofficers. For each court of inquiry the convening authorityshall also appoint counsel for the court.
3. Any person subject to sections 40.005 to 40.490 whoseconduct is subject to inquiry shall be designated as a party.Any person subject to sections 40.005 to 40.490 or employed inthe division of military affairs who has a direct interest in thesubject of inquiry has the right to be designated as a party uponrequest to the court. Any person designated as a party shall begiven due notice and has the right to be present, to berepresented by counsel, to cross-examine witnesses, and tointroduce evidence.
4. Members of a court of inquiry may be challenged by aparty, but only for cause stated to the court.
5. The members, counsel, the reporter, and interpreters ofcourts of inquiry shall take an oath or affirmation to faithfullyperform their duties.
6. Witnesses may be summoned to appear and testify and beexamined before courts of inquiry, as provided forcourts-martial.
7. Courts of inquiry shall make findings of fact but may notexpress opinions or make recommendations unless required to do soby the convening authority.
8. Each court of inquiry shall keep a record of itsproceedings, which shall be authenticated by the signatures ofthe president and counsel for the court and forwarded to theconvening authority. If the record cannot be authenticated bythe president, it shall be signed by a member in lieu of thepresident. If the record cannot be authenticated by the counselfor the court, it shall be signed by a member in lieu of thecounsel.
Courts of inquiry, duties, how convened--members of court--counsel, appointment--parties to inquiry, how determined,procedure--records.
40.420. 1. Courts of inquiry to investigate any matter maybe convened by the governor or by any other person designated bythe governor for that purpose, whether or not the personsinvolved have requested such an inquiry.
2. A court of inquiry consists of three or more commissionedofficers. For each court of inquiry the convening authorityshall also appoint counsel for the court.
3. Any person subject to sections 40.005 to 40.490 whoseconduct is subject to inquiry shall be designated as a party.Any person subject to sections 40.005 to 40.490 or employed inthe division of military affairs who has a direct interest in thesubject of inquiry has the right to be designated as a party uponrequest to the court. Any person designated as a party shall begiven due notice and has the right to be present, to berepresented by counsel, to cross-examine witnesses, and tointroduce evidence.
4. Members of a court of inquiry may be challenged by aparty, but only for cause stated to the court.
5. The members, counsel, the reporter, and interpreters ofcourts of inquiry shall take an oath or affirmation to faithfullyperform their duties.
6. Witnesses may be summoned to appear and testify and beexamined before courts of inquiry, as provided forcourts-martial.
7. Courts of inquiry shall make findings of fact but may notexpress opinions or make recommendations unless required to do soby the convening authority.
8. Each court of inquiry shall keep a record of itsproceedings, which shall be authenticated by the signatures ofthe president and counsel for the court and forwarded to theconvening authority. If the record cannot be authenticated bythe president, it shall be signed by a member in lieu of thepresident. If the record cannot be authenticated by the counselfor the court, it shall be signed by a member in lieu of thecounsel.
