State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 15 > 15-1e-40

§15-1E-40. Unlawfully influencing action of court.
(a) No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect to the finding or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this article shall attempt to coerce, or by any unauthorized means, influence, the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving reviewing authority with respect to his judicial acts.

(b) In the preparation of an effectiveness, fitness or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the state military forces, no person subject to this article may, in preparing any such report:

(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial; or

(2) Give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.