2006 New York Code - Courts Of Inquiry.



 
    § 131.1. Courts  of inquiry.  (a) Courts of inquiry to investigate any
  matter may be convened by the governor or by any other person designated
  by the governor for that purpose whether or  not  the  persons  involved
  have requested such an inquiry.
    (b) A court of inquiry shall consist of three or more officers.
    For  each  court of inquiry the convening authority shall also appoint
  counsel for the court.
    (c) Any person subject to  this  code  whose  conduct  is  subject  to
  inquiry  shall be designated as a party. Any person subject to this code
  or employed in the division of military and  naval  affairs  who  has  a
  direct  interest  in  the  subject of inquiry shall have 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.
    (d)  Members  of  a court of inquiry may be challenged by a party, but
  only for cause stated to the court.
    (e) The members, counsel, the reporter, and interpreters of courts  of
  inquiry  shall  take  an oath or affirmation to faithfully perform their
  duties.
    (f) Witnesses may be summoned to appear and testify  and  be  examined
  before courts of inquiry as provided for courts-martial.
    (g)  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.
    (h) 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. In  case
  the  record  cannot be authenticated by the president it shall be signed
  by a member in lieu of the president and in case the  record  cannot  be
  authenticated  by  the  counsel  for  the  court it shall be signed by a
  member in lieu of the counsel.

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