Utah Code 39A-3-110. Utah Code of Military Justice — Procedures — Jurisdiction
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(1) Title 39A, Chapter 5, is adopted as the Utah Code of Military Justice.
Terms Used In Utah Code 39A-3-110
- Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
- National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Summons: Another word for subpoena used by the criminal justice system.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5(2) The Utah Code of Military Justice sets forth offenses which, if committed by personnel of the Utah National Guard serving under this title or Title 32, United States Code, are punishable as a military court directs in accordance with Chapter 5, Part 2, Military Courts and Part 3, Military Punishments.(3) Judges of a military court may issue summons, executions, and other process. The process shall be served by county sheriffs, at the expense of the state.(4) Judgments for fines or forfeitures may be docketed in the same manner as district court judgments in each county, and without costs.(5) Appeals shall be taken to the Court of Appeals.(6) Sentences of a military court shall be served in a county jail. Costs incurred by the county shall be paid out of the General Fund of the state.(7) Certification as counsel for prosecution or defense, or as a judge of a military court, is under orders issued by the adjutant general, and is limited to attorneys who are members of the Utah State Bar and are serving as judge advocates in the Utah National Guard.(8) A service member may retain, at no cost to the state or National Guard, civilian counsel to represent the service member before a military court.(9) A military court may impose fines not exceeding $2,500, restitution to victims, statutory surcharges, and may issue all writs and judgments for the execution of any processes.(10) When consistent with the Utah Manual for Military Courts, the Utah Rules of Criminal Procedure apply.