2019 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 5 - Code of Military Justice
Part 7 - Trial Procedures
§ 38-2-1037. Unlawfully influencing action of court

• (a) No authority convening a general, special, or summary court-martial nor any other commanding officer or officer serving on the staff thereof may censure, reprimand, or admonish such court or any member, the military judge, counsel, or witness thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his or her functions in the conduct of the proceedings. No person subject to this article shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry 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 their judicial acts.

• (b) Subsection (a) of this Code section shall not apply with respect to:

  • (1) 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

  • (2) Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.

• (c) 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 organized militia is qualified to be advanced in grade, of determining the assignment or transfer of a member of the organized militia, or of determining whether a member of the organized militia should be retained on active status, no person subject to this article shall, in preparing any such report:

  • (1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or

  • (2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.

Code 1981, § 38-2-1037, enacted by Ga. L. 2015, p. 753, § 1/HB 98.