This text of Wyoming § 19-12-101 (Military courts generally) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The military courts of this state are general courts-
martial, special courts-martial and summary courts-martial, and
are constituted and have cognizance of the same subjects and
possess like powers as similar courts provided by the laws and
regulations governing the armed forces of the United States, as
limited by federal law and regulations applying to the national
guard not in federal service. The court shall, as far as
practicable, follow the forms and modes of procedure prescribed
for the similar courts except that the word "governor" shall be
substituted for the word "president" whenever appearing in those
laws and regulations. The prosecution in a general, special or
summary courts-martial of the militia of this state shall be in
the name of the state. The adjutant general shall
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(a) The military courts of this state are general courts-
martial, special courts-martial and summary courts-martial, and
are constituted and have cognizance of the same subjects and
possess like powers as similar courts provided by the laws and
regulations governing the armed forces of the United States, as
limited by federal law and regulations applying to the national
guard not in federal service. The court shall, as far as
practicable, follow the forms and modes of procedure prescribed
for the similar courts except that the word "governor" shall be
substituted for the word "president" whenever appearing in those
laws and regulations. The prosecution in a general, special or
summary courts-martial of the militia of this state shall be in
the name of the state. The adjutant general shall promulgate or
publish rules and regulations covering military courts not
inconsistent with the constitution and laws of this state.
(b) To the extent its provisions are not inconsistent with
this chapter, the punitive articles of the Uniform Code of
Military Justice in effect at the time of an offense are adopted
by the state of Wyoming and shall apply to any member when in a
state duty status, including a status under title 32, United
States Code, or active state service status in the same manner
as the Uniform Code of Military Justice applies when the member
is in active federal service.
(c) Proceedings under this article shall follow procedures
for state criminal courts except as modified by this article or
by any rules promulgated under this article.
(d) The maximum punishment that may be imposed by any
court-martial shall not exceed the sentence authorized for that
or a similar offense in the punitive articles of the Uniform
Code of Military Justice unless otherwise specified in this
article.
(e) This article applies territorially and
extraterritorially to all persons in the military forces of the
state when not subject to the Uniform Code of Military Justice
and while in a duty status or during a period of time when the
member was under lawful order to be in a duty status. The
processing charges and all proceedings, including trial, may be
conducted without regard to the duty status of the accused.
(f) Military defense counsel shall be appointed for any
accused pursuant to promulgated rules. Counsel shall be
authorized to practice law in Wyoming and a member in good
standing of the bar of the highest court of any state in the
United States, admitted to practice in any federal court of the
United States or hold a current position as military judge
advocate.
(g) Sentencing in any court-martial shall for any case
under this article be by the presiding judge or summary court
officer.