§ 39A-3-110 — Utah Code of Military Justice -- Procedures -- Jurisdiction.

Utah § 39A-3-110

• Jurisdiction: Utah
• Title 39A: National Guard and Militia Act
• Ch. 39A-3: Utah National Guard
• Part 39A-3-1: National Guard

Text

(1) Title 39A, Chapter 5, is adopted as the Utah Code of Military Justice.
(2) The Utah Code of Military Justice sets forth offenses which, if committed by personnel of the Utah National Guard serving under this title or Title 32, United States Code, are punishable as a military court directs in accordance with Chapter 5, Part 2, Military Courts and Part 3, Military Punishments.
(3) Judges of a military court may issue summons, executions, and other process. The process shall be served by county sheriffs, at the expense of the state.
(4) Judgments for fines or forfeitures may be docketed in the same manner as district court judgments in each county, and without costs.
(5) Appeals shall be taken to the Court of Appeals.
(6) Sentences of a military court shall be served in a county jail. Costs incurred by the county shall be paid out of the General Fund of the state.
(7) Certification as counsel for prosecution or defense, or as a judge of a military court, is under orders issued by the adjutant general, and is limited to attorneys who are members of the Utah State Bar and are serving as judge advocates in the Utah National Guard.
(8) A service member may retain, at no cost to the state or National Guard, civilian counsel to represent the service member before a military court.
(9) A military court may impose fines not exceeding $2,500, restitution to victims, statutory surcharges, and may issue all writs and judgments for the execution of any processes.
(10) When consistent with the Utah Manual for Military Courts, the Utah Rules of Criminal Procedure apply.

Legislative History

Renumbered and Amended by Chapter 373, 2022 General Session