Utah Code 39A-5-239. Courts of inquiry
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(1) Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the individuals involved have requested the inquiry.
Terms Used In Utah Code 39A-5-239
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- 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: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. 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).
(2) A court of inquiry consists of three or more commissioned officers. For each court, the convening authority shall also appoint counsel for the court.
(3)
(3)(a) An individual subject to this chapter whose conduct is subject to inquiry shall be designated as a party. An individual subject to this chapter or employed by the National Guard, who has a direct interest in the subject of inquiry, has the right to be designated as a party upon request to the court.
(3)(b) An individual designated as a party shall be given due notice and has the right to be present, represented by counsel, to have counsel appointed, to cross examine witnesses, and to introduce evidence.
(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(5) The members, counsel, reporter, and interpreters of a court of inquiry shall take an oath or affirmation to faithfully perform the duties required under this section.
(6) Witnesses may be summoned to appear and testify and be examined before a court of inquiry, under the same provisions as for a military court.
(7) A court of inquiry shall make findings of fact but may not express opinions or make recommendations, unless required to do so by the convening authority.
(8)
(8)(a) A court of inquiry shall keep a record of the court’s proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.
(8)(b)
(8)(b)(i) If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.
(8)(b)(ii) If the record cannot be authenticated by the counsel for the court, it shall be authenticated by a member in lieu of the counsel.