Minnesota Statutes 192A.61 – Courts of Inquiry
Subdivision 1.Convening.
Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry.
Subd. 2.Members; counsel.
Terms Used In Minnesota Statutes 192A.61
- Code: means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- 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.
- Military: refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- 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).
- State military forces: means the National Guard of the state, as defined in United States Code, title 32, § 101(3) and any other military force organized under the laws of the state;
(19) "Superior commissioned officer" means a commissioned officer superior in rank and command. See Minnesota Statutes 192A.015
- Testify: Answer questions in court.
Terms Used In Minnesota Statutes 192A.61
- Code: means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- 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.
- Military: refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- 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).
- State military forces: means the National Guard of the state, as defined in United States Code, title 32, § 101(3) and any other military force organized under the laws of the state;
(19) "Superior commissioned officer" means a commissioned officer superior in rank and command. See Minnesota Statutes 192A.015
- Testify: Answer questions in court.
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.
Subd. 3.Designated parties.
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 by or for the state military forces 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 military counsel, or by civilian counsel at the person’s own expense, to cross examine witnesses, and to introduce evidence.
Subd. 4.Challenge of members.
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
Subd. 5.Oath or affirmation.
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
Subd. 6.Witnesses.
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
Subd. 7.Findings of fact.
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.
Subd. 8.Record of proceedings.
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.