2014 Kentucky Revised Statutes
CHAPTER 35 - MILITARY JUSTICE
35.185 Unlawfully influencing action of court.
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<![CDATA[35.185 Unlawfully influencing action of court.
(1)
(2)
No authority convening a general or special court-martial, nor any other
commanding officer, or officer serving on the staff thereof, may 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 their functions in the conduct of the
proceeding. No person subject to this code may attempt to coerce or, by
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. 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 state military forces is qualified to be advanced in
grade or in determining the assignment or transfer of a member of the state
military forces or in determining whether a member of the state military forces
should be retained on active status, 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 of a court-martial or witness therein; or
(b) Give a less favorable rating or evaluation of any counsel of the accused
because of zealous representation before a court-martial.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 38, effective June 25, 2013. -Amended 1970 Ky. Acts ch. 56, sec. 23. -- Created 1954 Ky. Acts ch. 99,
sec. 36, effective July 1, 1954.
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