(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
(c) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the division of military affairs, who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e) The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
History: L. 1972, ch. 203, § 48-3101; L. 1988, ch. 191, § 60; July 1.
(1) The state judge advocate general and all assistant judge advocates;
(2) all summary courts-martial;
(3) all adjutants, assistant adjutants, acting adjutants and personnel adjutants;
(4) all commanding officers; and
(5) all staff judge advocates and legal officers and acting or assistant staff judge advocates and legal officers.
(b) The following persons while attending unit training assemblies or annual training, while performing active state duty or otherwise under orders of the governor may administer oaths necessary in the performance of their duties:
(1) The president, military judge, trial counsel and assistant trial counsel for all general or special courts-martial;
(2) the president and the counsel for the court of any court of inquiry;
(3) all officers designated to take a deposition;
(4) all persons detailed to conduct an investigation; and
(5) all other persons designated by regulations of the governor.
(c) No fee may be paid to or received by any person for the performance of any notorial act herein authorized. The signature without seal of any such person, together with the title of the person's office, is prima facie evidence of his or her authority.
History: L. 1972, ch. 203, § 48-3102; L. 1988, ch. 191, § 61; July 1.
History: L. 1972, ch. 203, § 48-3103; July 1.
History: L. 1972, ch. 203, § 48-3104; July 1.
(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the funds of the units of the state military forces to which the offenders belonged.
(c) Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in the person's behalf, and to cross-examine those appearing against him or her. The accused has the right of appeal to the next higher commander.
History: L. 1972, ch. 203, § 48-3105; July 1.
(b) When the sentence of a court-martial, as approved and ordered executed, adjudges confinement, and the convening authority has approved the same in whole or in part, the reviewing authority, or the president of the military court or the summary court officer, shall issue a warrant of commitment to the sheriff or chief law enforcement officer of the county in which such court-martial was held or where the offense was committed, directing such sheriff to take the body of the person so sentenced and confine such person in the county jail of such county for the period named in such sentence, as approved, or until such sheriff or law enforcement officer may be directed to release such person by proper authority.
History: L. 1972, ch. 203, § 48-3106; L. 1988, ch. 191, § 62; July 1.
(b) Process and mandates may be issued by summary courts-martial, provost courts, or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
(c) All officers to whom process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
(d) The president of any court-martial, and any summary court officer, shall have authority to issue, under such president's or officer's hand, in the name of the state of Kansas, directed to any county sheriff, or chief law enforcement officer of a county, whose duty it shall be to serve or execute the same in the same manner in which like process is served or executed when issued by a magistrate, all necessary process, subpoenas, attachments, warrants or arrest and warrant of commitment.
History: L. 1972, ch. 203, § 48-3107; L. 1988, ch. 191, § 63; July 1.
(b) When the sentence of a court-martial adjudges a fine against any person and such fine has not been fully paid within 10 days after it is due and payable, the president of the military court or the summary court officer shall issue a warrant of commitment directed to the sheriff or chief law enforcement officer of the county in which the court-martial was held or where the offense was committed, directing such sheriff or law enforcement officer to arrest and confine the person until such fine is paid or until one day shall have been served for each $1 of the fine which is not paid. The form for order of commitment shall be prescribed by the adjutant general.
History: L. 1972, ch. 203, § 48-3108; L. 1988, ch. 191, § 64; L. 2001, ch. 5, § 182; July 1.
History: L. 1972, ch. 203, § 48-3109; July 1.
History: L. 1972, ch. 203, § 48-3110; July 1.
History: L. 1972, ch. 203, § 48-3111; July 1.
History: L. 1972, ch. 203, § 48-3112; L. 1988, ch. 191, § 65; July 1.
History: L. 1972, ch. 203, § 48-3113; July 1.
History: L. 1988, ch. 191, § 66; July 1.