§ 28-3.1-209 — Who may serve on courts-martial

Colorado § 28-3.1-209

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

(1) Any commissioned officer
off or on duty with the military forces is eligible to serve on all courts-martial for
the trial of any person subject to this code.

(2) Any warrant officer off or on duty with the military forces is eligible to
serve on general and special courts-martial for the trial of any person, other than a
commissioned officer.

(3) (a) Any enlisted member of the military forces who is not a member of the
same unit as the accused is eligible to serve on general and special courts-martial
for the trial of any enlisted member, but he or she shall serve as a member of a
court only if, before convening of the court, the accused personally has requested
in writing that enlisted members serve on it. After such request, the accused shall
not be tried by a general or special court-martial the membership of which does not
include enlisted members in a number comprising at least one-third of the total
membership of the court, unless eligible members cannot be obtained because of
physical conditions or military exigencies. If enlisted members cannot be obtained,
the court may be assembled and the trial held without them, but the convening
authority shall make a detailed written statement, to be appended to the record,
stating why enlisted members could not be obtained.

(b) As used in this section, unit means any regularly organized body of the
military forces not larger than a company, a squadron, or a body corresponding to
one of them.

(4) (a) No person subject to this code may be tried by a court-martial of
which any member is junior to him or her in rank or grade, unless it cannot be
avoided and then only by order of the governor.

(b) When convening a court-martial, the convening authority shall detail as
members thereof those persons as, in his or her opinion, are best qualified for the
duty by reason of age, education, training, experience, length of service, and
judicial temperament. No member is eligible to serve as a member of a general or
special court-martial when he or she is the accuser or a witness for the prosecution
or has acted as investigating officer or as counsel in the same case. If within the
command of the convening authority there is present and not otherwise disqualified
a commissioned officer who is a member in good standing of the bar of this state
and of appropriate rank and grade, the convening authority may appoint him or her
as president of a general or special court-martial.

Legislative History

Source: L. 83: Entire article added, p. 1170, � 1, effective June 10. L. 2002: (3)(a) and (4) amended, p. 607, � 71, effective May 24. L. 2018: (4)(b) amended, (SB 18-135), ch. 95, p. 746, � 12, effective April 2.