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35.185 Unlawfully influencing court, member, military judge or counsel
prohibited.
(1)
(2)
No authority convening a general, special or summary court-martial, nor any other
commanding officer, or officer serving on the staff thereof, shall censure,
reprimand, or admonish the court or any member, military judge, or counsel thereof,
with respect to the findings or sentence adjudged by the court, or with respect to any
other exercise of its or his functions in the conduct of the proceeding. No person
subject to this code shall attempt to coerce or, by unauthorized means, influence the
action of a court-martial or any other military tribunal or any member thereof in
reaching the findings or sentence in any case, or the action of any convening,
approving or reviewing authority with respect to his judicial acts. The foregoing
provisions shall not apply to:
(a) General instructional or informational courses in military justice, if such
courses are designed solely for the purpose of instructing members of a
command in the substantive and procedural aspects of courts-martial; or
(b) Statements and instructions given in open court by the military judge or
counsel.
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 National Guard or active militia is qualified to be advanced in
grade or in determining the assignment or transfer of a member of the National
Guard or active militia or in determining whether a member of the National Guard
or active militia should be retained on duty, no person subject to this code may in
preparing any such report:
(a) Consider or evaluate the performance of duty of any such member as a
member, military judge or trial counsel of a court-martial; or
(b) Give a less favorable rating or evaluation of any member of the National
Guard or active militia because of the zeal with which such member as
counsel represented any accused before a court-martial. This subsection is not
applicable to evaluations made by the state judge advocate of the performance
of personnel under his supervision.
History: Amended 1970 Ky. Acts ch. 56, sec. 23. -- Created 1954 Ky. Acts ch. 99,
sec. 36, effective July 1, 1954.
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