§ 10-16-9-2 — Military courts

Indiana § 10-16-9-2

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 16: INDIANA MILITARY CODE
• Ch. 9: Court-Martial Procedures

Text

(a) The military courts of Indiana shall be
organized as follows:
(1) General court-martial.
(2) Special court-martial.
(3) Summary court-martial.
(b) The courts shall be constituted, have cognizance of the same
subject, and possess like powers, except as to punishments, as similar
courts provided for by the laws and regulations governing the armed
forces of the United States. The proceedings of the courts-martial must
follow the forms and modes of procedure prescribed for the courts
governing the armed forces of the United States and as approved by the
adjutant general.
(c) A general court-martial may be convened by orders of the
governor or the adjutant general and may try a person subject to
military law. The general court-martial may impose fines of not more
than two hundred dollars ($200) and sentence a person to:
(1) a forfeit of pay and allowances;
(2) a reprimand;
(3) dismissal or dishonorable discharge from the services;
(4) reduction of noncommissioned officers to the ranks; or
(5) any combination of two (2) or more of the punishments
described in subdivisions (1) through (4).
(d) The adjutant general or the commanding officer of each camp or
other place, division, regiment, separate battalion, air squadron, group,
or other detached command may appoint a special court-martial for that
command. However, a special court-martial may be appointed by
superior authority if the superior authority considers it desirable. The
special court-martial:
(1) may try any person subject to military law, except a
commissioned officer, for any crime or offense made punishable
by the military laws of the United States or the state; and
(2) has the same powers of punishment as does a general
court-martial, except that fines imposed by the courts may not
exceed one hundred dollars ($100).
(e) The adjutant general or the commanding officer of each camp or
other place, division, regiment, battalion, company, air squadron,
group, or other detachment of the national guard may appoint for the
place or command a summary court to consist of one (1) officer, who
may administer oaths and try the enlisted persons of the place or
command for breaches of discipline and violations of laws when
governing the organizations. The court, when satisfied of the guilt of
the soldier, may:
(1) impose fines of not more than twenty-five dollars ($25) for
any offense;
(2) sentence noncommissioned officers to reduction in rank; and
(3) sentence to forfeiture of pay and allowances.
The proceedings of the court must be informal and the minutes must be
the same as prescribed for summary courts of the armed forces of the
United States.
(f) All courts-martial of the Indiana national guard, including
summary courts, may sentence to confinement instead of imposing an
authorized fine if the sentence of confinement does not exceed one (1)
day for each one dollar ($1) of fine authorized.
(g) A sentence of dismissal from the service or dishonorable
discharge imposed by a national guard court-martial may not be
executed until approved by the governor.
(h) A conviction by court-martial that has been approved by the
convening authority under this article may be appealed to a military
court of appellate review. The military court of appellate review must
consist of three (3) Indiana national guard judge advocates appointed
to the military court of appellate review by the adjutant general.
(i) Presidents of courts-martial and summary courts officers may do
the following:
(1) Issue warrants to arrest an accused person and to bring the
person before the court for trial if the person has disobeyed an
order in writing from the convening authority to appear before the
court. A copy of the charge must be delivered to the accused with
the order.
(2) Issue subpoenas duces tecum.
(3) Enforce by attachment attendance of witnesses and the
production of books and papers.
(4) Sentence for a refusal to be sworn or to answer as provided in
action before civil courts.
(j) All processes of a court-martial, when it is impracticable to be
executed by the military forces of the state, shall be:
(1) brought in the name of the state; and
(2) executed by the civil officers designated by the president of
the court-martial or summary court officer issuing the process.
The designated civil officer shall execute all processes and return the
processes to the officer who issued the processes. The civil officer shall
be paid the fees and allowances provided for like processes in civil
actions of the state. The fees shall be charged in case of conviction of
the accused as a part of the penalty of the offense of which the accused
may be convicted whether the punishment for the offense is
imprisonment or a fine, or both. The payment of the costs in addition
to the payment of the fine imposed shall be enforced by imprisonment
until the payment is satisfied, at a rate of one dollar ($1) per day of the
costs or fine, or both.
[Pre-2003 Recodification Citation: 10-2-5-2.]

Legislative History

As added by P.L.2-2003, SEC.7. Amended by P.L.12-2023, SEC.1.