Section 26.05.520. Unlawfully influencing the action of a court.

   (a) An authority convening a general, special, or summary court-martial, a commanding officer, or an officer serving on the staff of a convening authority or commanding officer may not censure, reprimand, or admonish the court, a member of the court, the military judge, or counsel appearing before the court, with respect to the findings of or sentence imposed by the court, or with respect to another exercise of the respective functions of the court, a member of the court, the military judge, or counsel appearing before the court in the conduct of the proceedings.
   (b) A member of the militia may not attempt to coerce or, by unauthorized means, influence the action of a court-martial or a member of a court in reaching the findings or sentence in a case, or the action of a convening, approving, or reviewing authority with respect to a judicial act. This subsection does not apply to
        (1) general instructional or informational courses in military justice if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or
        (2) statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.
   (c) A member of the militia may not, in the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used, in whole or in part, for the purpose of determining whether a member of the militia of the state is qualified to be advanced in grade, in determining the assignment or transfer of a member of the militia of the state, or in determining whether a member of the militia of the state should be retained on active status,
        (1) consider or evaluate the performance of duty of the member as a member of a court-martial or witness; or
        (2) give a less favorable rating or evaluation of any counsel for the accused because of zealous representation before a court-martial.
   (d) In this section, "unauthorized" means contrary to a statute or regulation of the United States or the state.

Notes

History

(Sec. 4 ch 55 SLA 2016)