(1) "State military forces" means the national guard of the state, as defined in section 101 (3) of title 32, United States Code, and any other military force organized under the laws of the state.
(2) "Officer" means commissioned or warrant officer.
(3) "Commanding officer" includes only commissioned officers.
(4) "Superior commissioned officer" means a commissioned officer superior in rank or command.
(5) "Enlisted member" means any person serving in an enlisted grade.
(6) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(7) "Rank" means the order of precedence among members of the state military forces.
(8) "Active state duty" means full-time duty in the active military service of the state under an order of the governor issued under authority vested in the governor by law, performance of regular duties by technicians, regularly scheduled drills and other legally called assemblies, including travel to and from such duty.
(9) "Duty status" includes active state duty and any other type of state military duty, including travel to and from such duty.
(10) "Military court" means a court-martial, a court of inquiry, or a provost court.
(11) "Military judge" means an official of a general or special court-martial detailed in accordance with this code.
(12) "Judge advocate general" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces.
(13) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused.
(14) "Military" refers to any or all of the armed forces.
(15) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
(16) "May" is used in a permissive sense. The words "no person may ..." means that no person is required, authorized, or permitted to do the act prescribed.
(17) "Shall" is used in an imperative sense.
(18) "Code" means this act.
(19) "Hostile force" means enemy, rioters, looters, dissidents, and others opposing or interfering with law and order.
(20) "Judge advocate" means:
(a) An officer of the judge advocate general's corps of the army or the navy or of the state military forces;
(b) an officer of the air force or the marine corps who is designated as a judge advocate; or
(c) an officer of the coast guard who is designated as a law specialist.
(21) "Record," when used in connection with the proceedings of a court-martial, means:
(a) An official written transcript, written summary or other writing relating to the proceedings; or
(b) an official audiotape, videotape or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.
(22) For further definition of military terms refer to the dictionary of United States army terms (AR 310-25).
History: L. 1972, ch. 203, § 48-2101; L. 1988, ch. 191, § 1; July 1.
History: L. 1972, ch. 203, § 48-2102; July 1.
(b) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
(c) The fact that any person charged with an offense under this code is separated from the service while proceedings are pending or while undergoing sentence shall not affect the jurisdiction of any court-martial.
History: L. 1972, ch. 203, § 48-2103; July 1.
(b) If the governor fails to convene a general court-martial within 60 days from the presentation of an application for trial under this code, the order of dismissal under subsection (a) is automatically rescinded.
(c) If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to the same grade and rank as that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All the time between the dismissal and the reappointment shall be considered as actual service for all state purposes.
(d) If an officer is discharged from the state military forces by administrative action or by board proceedings under law or is dropped from the rolls by order of the governor, the officer has no right to trial under this section.
History: L. 1972, ch. 203, § 48-2104; L. 1988, ch. 191, § 2; July 1.
(b) Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
History: L. 1972, ch. 203, § 48-2105; July 1.
(b) The adjutant general may appoint as many assistants to the judge advocate general as he or she considers necessary who shall be designated assistant judge advocates. To be eligible for appointment, assistant judge advocates must be officers of the state military forces and members of the bar of the highest court of the state.
(c) Convening authorities shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice; and the staff judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command, or with the judge advocate general.
(d) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case, may later act as staff judge advocate to any reviewing authority upon the same case.
History: L. 1972, ch. 203, § 48-2106; July 1.