Section 131.1. Courts of inquiry  


Latest version.
  • (a) 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.
        (b) A court of inquiry shall consist of three or more officers.
        For  each  court of inquiry the convening authority shall also appoint
      counsel for the court.
        (c) 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 in the division of military and  naval  affairs  who  has  a
      direct  interest  in  the  subject of inquiry shall have 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 shall have the right to be
      present, to be represented by counsel, to cross-examine  witnesses,  and
      to introduce evidence.
        (d)  Members  of  a court of inquiry may be challenged by a party, but
      only for cause stated to the court.
        (e) The members, counsel, the reporter, and interpreters of courts  of
      inquiry  shall  take  an oath or affirmation to faithfully perform their
      duties.
        (f) Witnesses may be summoned to appear and testify  and  be  examined
      before courts of inquiry as provided for courts-martial.
        (g)  Courts  of  inquiry  shall  make  findings  of fact but shall not
      express opinions or make recommendations unless required to do so by the
      convening authority.
        (h) 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. In  case
      the  record  cannot be authenticated by the president it shall be signed
      by a member in lieu of the president and in case the  record  cannot  be
      authenticated  by  the  counsel  for  the  court it shall be signed by a
      member in lieu of the counsel.