§ 30-13-121. Courts of inquiry.
(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 an inquiry.
(b) A court of inquiry consists of three (3) or more commissioned 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 military or nav
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§ 30-13-121. Courts of inquiry.
(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 an inquiry.
(b) A court of inquiry consists of three (3) or more commissioned 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 military or naval affairs
of the state, 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.
(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, 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 may 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 that 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 in lieu of the president. If the record cannot be authenticated
by counsel for the court, it shall be signed by a member in lieu of counsel.