Download as PDF
35.800 Courts of inquiry.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Courts of inquiry to investigate any matter of concern to the state military forces
may be convened by any person authorized to convene a general court-martial,
whether or not the persons involved have requested an inquiry.
A court of inquiry consists of three (3) or more commissioned officers. For each
court of inquiry the convening authority shall also appoint counsel for the court.
Any person subject to this code whose conduct is subject to inquiry shall be
designated as a party. Any person subject to this code who has a direct interest in
the subject of inquiry has the right to be designated as a party upon request to the
court. Any person designated as a party shall be given due notice and shall have the
right to be present, to be represented by counsel, to cross-examine witnesses, and to
introduce evidence.
Members of a court of inquiry may be challenged by a party, but only for cause
stated to the court.
The members, counsel, the reporter, and interpreters of courts of inquiry shall take
an oath or affirmation to faithfully perform their duties.
Witnesses may be summoned to appear and testify and be examined before courts
of inquiry, as provided for courts-martial.
Courts of inquiry shall make findings of fact but shall not express opinions or make
recommendations unless required to do so by the convening authority.
Each court of inquiry shall keep a record of its proceedings, which shall be
authenticated by the signatures of the president and counsel for the court and
forwarded to the convening authority. If the record cannot be authenticated by the
president it shall be signed by a member in lieu of the president. If the record cannot
be authenticated by the counsel for the court it shall be signed by a member in lieu
of the counsel.
Effective: June 25, 2013
History: Repealed, reenacted, renumbered, and amended 2013 Ky. Acts ch. 32, sec.
139, effective June 25, 2013. -- Amended 1970 Ky. Acts ch. 56, sec. 52. -- Created
1954 Ky. Acts ch. 99, sec. 74, effective July 1, 1954.
Formerly codified as KRS 35.375.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.