2017 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 47 - Uniform Code of Military Justice
Subchapter XI - Miscellaneous Provisions
Sec. 935 - Art. 135. Courts of inquiry
10 U.S.C. § 935 (2017) | |||||||||||||||||||||
§935. Art. 135. Courts of inquiry | |||||||||||||||||||||
(a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry. (b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court. (c) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. Any person subject to this chapter or employed by the Department of Defense 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 has 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 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 may 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. 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. |
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(Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 114–328, div. E, title LXI, §5501, Dec. 23, 2016, 130 Stat. 2960.) |
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Amendment of Subsection (c)
Pub. L. 114–328, div. E, title LXI, §5501, title LXIII, §5542, Dec. 23, 2016, 130 Stat. 2960, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, subsection (c) of this section is amended by designating the first through third sentences as pars. (1) to (3), respectively, and, in par. (2), by striking "subject to this chapter or employed by the Department of Defense" and inserting "who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and". See 2016 Amendment note below.
In subsection (a), the words "Secretary concerned" are substituted for the words "Secretary of a Department". In subsection (b), the word "commissioned" is inserted for clarity. The word "consists" is substituted for the words "shall consist". In subsection (c), the word "has" is substituted for the words "shall have". In subsection (e), the words "or affirmation" are omitted as covered by the definition of the word "oath" in section 1 of title 1. In subsection (g), the word "may" is substituted for the word "shall". In subsection (h), the word "If" is substituted for the words "In case". AMENDMENTS2016—Subsec. (c). Pub. L. 114–328 designated first through third sentences as pars. (1) to (3), respectively, and, in par. (2), substituted "who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and" for "subject to this chapter or employed by the Department of Defense". EFFECTIVE DATE OF 2016 AMENDMENTAmendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title. |
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United States Code, 2012 Edition, Supplement 5, Title 10 - ARMED FORCES | |||||||||||||||||||||
Bills and Statutes | |||||||||||||||||||||
United States Code | |||||||||||||||||||||
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Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER XI - MISCELLANEOUS PROVISIONS Sec. 935 - Art. 135. Courts of inquiry |
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section 935 | |||||||||||||||||||||
2017 | |||||||||||||||||||||
January 12, 2018 | |||||||||||||||||||||
Yes | |||||||||||||||||||||
standard | |||||||||||||||||||||
64 Stat. 143 130 Stat. 2960 |
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Public Law 114-328 |