Washington Code 38.08.030 – Proclamation of complete or limited martial law
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The governor may by proclamation declare the county or city in which troops are serving, or any specific portion thereof, to be under either complete or limited martial law to the extent, in his or her opinion, that the reestablishment or maintenance of law and order may be promoted.
Terms Used In Washington Code 38.08.030
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- military: refers to any or all of the armed forces. See Washington Code 38.04.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
“Complete martial law” is the subordination of all civil authority to the military;
“Limited military law” is a partial subordination of civil authority by the setting up of an additional police power vested in the military force which shall have the right to try all persons apprehended by it in such area by a military tribunal or turn such offender over to civil authorities within five days for further action, during which time the writ of habeas corpus shall be suspended in behalf of such person.
[ 1989 c 19 § 6; 1943 c 130 § 8; Rem. Supp. 1943 § 8603-8.]