§ 19-12-106 — Disobedience of order to appear before court- martial; issuance of subpoena; warrant of attachment; service of warrants; neglecting or refusing to obey subpoena or order; confinement of prisoners

Wyoming § 19-12-106

• Jurisdiction: Wyoming
• Title 19: Defense Forces and Affairs
• Ch. 12: MILITARY COURTS AND JUSTICE
• Art. 1: STATE MILITARY CODE

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(a) When a person served with a copy of court-martial
charges disobeys a written order from the convening authority to
appear before the court-martial at a time and place specified,
the convening authority, appointed judge or summary court
officer may issue:
(i) A warrant for the arrest of the person to bring
him before the court for trial. The convening authority may
confine him in the county jail where the court is convened if
confinement is deemed advisable to ensure the presence of the
alleged offender for trial, or may release the accused on the
furnishing of bail in an amount deemed sufficient to ensure his
presence for trial;
(ii) Subpoenas, subpoenas duces tecum and other
orders compelling the attendance of witnesses and the production
of evidentiary matters.
(b) When a person has been subpoenaed to appear as a
witness before any court-martial and has been paid or tendered
the fees and mileage required by law, or a member has been
ordered to appear as a witness, and either fails or refuses
without justifiable excuse to appear, the convening authority,
appointed judge or summary court officer may issue a warrant of
attachment to apprehend and bring the witness before the court
to testify as required by the subpoena or order.
(c) Service of warrants, subpoenas and other process
issued by the convening authority, appointed judge or summary
court officer on any person shall be made by the sheriff,
undersheriff or deputy sheriff of the county wherein the court
is convened or of the county wherein the person to be served may
be found, or it may be served in any county by any officer of
the Wyoming national guard when ordered to do so by the
convening authority, appointed judge or summary court officer.
The individual making service shall endorse the facts of service
on the original process and return it to the officer who issued
the process.
(d) Any person who willfully and without justifiable
excuse neglects or refuses to obey a subpoena or order is guilty
of a misdemeanor and may be prosecuted in any court of this
state as for other misdemeanors. Upon conviction the offender
shall be fined not more than seven hundred fifty dollars
($750.00), imprisoned in the county jail not to exceed six (6)
months, or both.
(e) The sheriff shall keep in confinement any prisoner
turned over to him for safekeeping upon written orders of the
convening authority, appointed judge or summary court officer.
(f) Repealed by Laws 2021, ch. 159, § 1.