48-3101. (KCMJ Art. 135) Courts of inquiry.
48-3101
48-3101. (KCMJ Art. 135) Courts of inquiry.(a) Courts of inquiry to investigate any matter may be convened by anyperson authorized to convene a general court-martial orby any other person designated by the governor for thatpurpose, whether or not the persons involved have requested such aninquiry.
(b) A court of inquiry consists of three or more commissioned officers.For each court of inquiry the convening authority shall also appointcounsel for the court.
(c) Any person subject to this code whose conduct is subject to inquiryshall be designated as a party. Any person subject to this code or employedin the division of military affairs, who has a direct interest in thesubject of inquiry has the right to be designated as a party upon requestto the court. Any person designated as a party shall be given due noticeand has the right to be present, to be represented by counsel, tocross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but onlyfor cause stated to the court.
(e) The members, counsel, the reporter and interpreters of courts ofinquiry shall take an oath or affirmation to faithfully perform theirduties.
(f) Witnesses may be summoned to appear and testify and be examinedbefore courts of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not expressopinions or make recommendations unless required to do so by the conveningauthority.
(h) Each court of inquiry shall keep a record of its proceedings, whichshall be authenticated by the signatures of the president and counsel forthe court and forwarded to the convening authority. If the record cannot beauthenticated by the president, it shall be signed by a member in lieu ofthe president. If the record cannot be authenticated by the counsel for thecourt, 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.