Utah Code 39A-5-226. Military court records
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(1)
Terms Used In Utah Code 39A-5-226
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- 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
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
- 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).
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)(a) Each military court shall maintain a separate record of the proceedings in each case brought before it. Each record shall be authenticated by the signature of the military judge.
(1)(b)
(1)(b)(i) If the record cannot be authenticated by the military judge due to death, disability, or absence, it shall be authenticated by the signature of the trial counsel.
(1)(b)(ii) If the trial counsel is unable to authenticate due to death, disability, or absence, a member of the court panel shall authenticate the record by signature.
(1)(c) In a court of only a military judge, the record shall be authenticated by the court reporter under the same conditions that a member of a court would authenticate under this section:
(1)(c)(i) if the proceedings have resulted in an acquittal of all charges and specifications; or
(1)(c)(ii) if the proceedings are not affecting a general or flag officer, for a sentence that does not include a discharge and is not in excess of that which may be prescribed by regulations of the governor.
(2) A copy of the record of the proceedings of each court shall be given to the accused as soon as it is authenticated.
(3) The expense in preparing and transmitting the record shall be by regulations prescribed by the governor or the adjutant general.