(a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the governor or adjutant general for that purpose, regardless of whether the persons involved have requested an inquiry.
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Terms Used In Hawaii Revised Statutes 124B-231

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • 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 to the convening authority. See Hawaii Revised Statutes 124B-1
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • President: means the detailed member senior in rank of a court-martial then serving. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Testify: Answer questions in court.
(b) A court of inquiry shall consist 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 chapter whose conduct is subject to inquiry shall be designated as a party.
(d) Any person who is subject to this chapter or employed by the state department of defense, and who has a direct interest in the subject of the inquiry, shall have the right to be designated as a party upon request to the court.
(e) Any person designated as a party shall be given due notice and have the right to be present, to be represented by counsel, to cross examine witnesses, and to introduce evidence.
(f) Members of a court of inquiry may be challenged by a party only for cause stated to the court.
(g) The members, counsel, reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(h) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(i) Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.
(j) 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.

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