Sec. 27-179. Censure of court or member, coercion prohibited.
Sec. 27-179. Censure of court or member, coercion prohibited. (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 findings 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 code 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, or reviewing authority with respect to
his judicial acts. The foregoing provisions of this subsection shall not apply with respect
to (1) general instructional or informational courses in military justice if such courses
are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) statements and instructions given
in open court by the military judge, president of a special court-martial, or counsel.
(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, or in determining
whether a member of the state military forces should be retained on duty, no person
subject to this chapter may, in preparing any such report (1) consider or evaluate the
performance of duty of any such 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 defense counsel represented any accused before a court-martial.
(c) Any person who violates this section shall be punished as a court-martial directs.
(1967, P.A. 717, S. 39; P.A. 77-295, S. 11; P.A. 89-221, S. 9.)
History: P.A. 77-295 substituted "military judge" for "law officer"; P.A. 89-221 added provision exempting from
prohibitions of Subsec. (a) certain general instructional or informational courses in military justice and statements and
instructions given in open court, added Subsec. (b) re the prohibition when preparing certain reports on considering or
evaluating the performance of duty of a member of a court-martial or giving a less favorable rating or evaluation because
of the zeal in representing an accused, and designated the last sentence of Subsec. (a) as Subsec. (c).