§ 28-3.1-601 — Courts of inquiry

Colorado § 28-3.1-601

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

Text

(1) Courts of inquiry to investigate any matter
may be convened by the governor.

(2) A court of inquiry shall consist of three or more commissioned officers.
For each court of inquiry, the convening authority shall also appoint counsel for the
court.

(3) 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
department who has a direct interest in the subject of inquiry has 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 has the right to be present, to be represented by
counsel, 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, the counsel, the reporter, and the interpreters of courts of
inquiry shall take an oath or affirmation to faithfully perform their duties.

(6) Witnesses may be summoned to appear and testify and may be examined
before courts of inquiry in the same manner as provided for courts-martial.

(7) Courts 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) 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. If the record cannot be authenticated by the
president, it shall be signed by a member of the court in lieu of the president. If the
record cannot be authenticated by the counsel for the court, it shall be signed by a
member of the court in lieu of the counsel.

Legislative History

Source: L. 83: Entire article added, p. 1193, � 1, effective June 10. L. 2002: (3) amended, p. 362, � 24, effective July 1.