39-6-30 - Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance. - Utah Statutes

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Statutes > Utah > Title-39 > Chapter-06 > 39-6-30

39-6-30. Military court findings -- Prohibition of censuring or influencing courtactions -- Military court member's performance.
(1) An authority convening a military court, or any other commanding officer, or officerserving on the staff of any of these persons, may not censure, reprimand, or admonish the court orany member, military judge, or counsel of the court, with respect to the findings or sentenceadjudged by the court, or any other function carried out in the proceeding.
(2) A person subject to this chapter may not attempt to coerce, or by any unauthorizedmeans influence the action of:
(a) the military court or any other military tribunal or any member of these in theirarriving at the findings or sentence in any case; or
(b) any convening, approving, or reviewing authority with respect to his judicial acts.
(3) Subsection (2) does not apply to:
(a) general instructional or informational courses in military justice, if the courses aredesigned solely for the purpose of instructing members of a command in the substantive andprocedural aspects of a military court; or
(b) statements and instructions given in open court by the military judge, the president ofa military court, or counsel.
(4) In preparing an effectiveness, efficiency, or fitness report, or any other report ordocument used in whole or in part for determining whether a member of the National Guard isqualified to be advanced in grade, or in determining the assignment or transfer of a member of theNational Guard, or in determining whether a member should be retained in an active status, aperson subject to this chapter may not:
(a) consider or evaluate the performance of duty of any member of a military court; or
(b) give a less favorable rating or evaluation of any member of the National Guardbecause of the zeal with which the member, as counsel, represented any accused before a militarycourt or before any other proceeding authorized by this chapter.

Enacted by Chapter 210, 1988 General Session

State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-06 > 39-6-30

39-6-30. Military court findings -- Prohibition of censuring or influencing courtactions -- Military court member's performance.
(1) An authority convening a military court, or any other commanding officer, or officerserving on the staff of any of these persons, may not censure, reprimand, or admonish the court orany member, military judge, or counsel of the court, with respect to the findings or sentenceadjudged by the court, or any other function carried out in the proceeding.
(2) A person subject to this chapter may not attempt to coerce, or by any unauthorizedmeans influence the action of:
(a) the military court or any other military tribunal or any member of these in theirarriving at the findings or sentence in any case; or
(b) any convening, approving, or reviewing authority with respect to his judicial acts.
(3) Subsection (2) does not apply to:
(a) general instructional or informational courses in military justice, if the courses aredesigned solely for the purpose of instructing members of a command in the substantive andprocedural aspects of a military court; or
(b) statements and instructions given in open court by the military judge, the president ofa military court, or counsel.
(4) In preparing an effectiveness, efficiency, or fitness report, or any other report ordocument used in whole or in part for determining whether a member of the National Guard isqualified to be advanced in grade, or in determining the assignment or transfer of a member of theNational Guard, or in determining whether a member should be retained in an active status, aperson subject to this chapter may not:
(a) consider or evaluate the performance of duty of any member of a military court; or
(b) give a less favorable rating or evaluation of any member of the National Guardbecause of the zeal with which the member, as counsel, represented any accused before a militarycourt or before any other proceeding authorized by this chapter.

Enacted by Chapter 210, 1988 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-06 > 39-6-30

39-6-30. Military court findings -- Prohibition of censuring or influencing courtactions -- Military court member's performance.
(1) An authority convening a military court, or any other commanding officer, or officerserving on the staff of any of these persons, may not censure, reprimand, or admonish the court orany member, military judge, or counsel of the court, with respect to the findings or sentenceadjudged by the court, or any other function carried out in the proceeding.
(2) A person subject to this chapter may not attempt to coerce, or by any unauthorizedmeans influence the action of:
(a) the military court or any other military tribunal or any member of these in theirarriving at the findings or sentence in any case; or
(b) any convening, approving, or reviewing authority with respect to his judicial acts.
(3) Subsection (2) does not apply to:
(a) general instructional or informational courses in military justice, if the courses aredesigned solely for the purpose of instructing members of a command in the substantive andprocedural aspects of a military court; or
(b) statements and instructions given in open court by the military judge, the president ofa military court, or counsel.
(4) In preparing an effectiveness, efficiency, or fitness report, or any other report ordocument used in whole or in part for determining whether a member of the National Guard isqualified to be advanced in grade, or in determining the assignment or transfer of a member of theNational Guard, or in determining whether a member should be retained in an active status, aperson subject to this chapter may not:
(a) consider or evaluate the performance of duty of any member of a military court; or
(b) give a less favorable rating or evaluation of any member of the National Guardbecause of the zeal with which the member, as counsel, represented any accused before a militarycourt or before any other proceeding authorized by this chapter.

Enacted by Chapter 210, 1988 General Session