Michigan Compiled Laws — MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (Act 523 of 1980)

Short title.

This act shall be known and may be cited as the "Michigan code of military justice of 1980".

Definitions.

As used in this act: (a) "Accuser" means an individual who signs and swears to charges, an individual who directs that charges be signed and sworn to by another, or an individual who has an interest other than an official interest in the prosecution of the accused. (b) "Active service" means service, active state servi…

Applicability; subject matter jurisdiction; convening and holding courts-martial and courts of inquiry out of state; offenses committed out of state; trial and punishment.

(1) This code applies to all members of the state military forces at all times, except when in federal service. (2) This code applies to an individual subject to this code while serving out of state and while going to and returning from the service out of state to the same extent as an individual serving within this st…

Relieving person from trial by court-martial; limitation; trial by court-martial of person charged with fraudulently obtaining discharge; effect of conviction.

(1) Subject to the limitation of actions under section 43, a person who is subject to this code and charged with an offense under this code is not relieved from a trial by court-martial because his or her military service is terminated. (2) Each person discharged from the state military forces who is later charged with…

Application by dismissed officer for trial by court-martial; convening general court-martial; jurisdiction; waiver of right to plead statute of limitations; affirming dismissal; substituting discharge authorized for administrative issuance; reappointment of officer.

(1) If an officer, dismissed by order of the governor by reason of an alleged violation of this code, makes written application for trial by court-martial to the governor, setting forth, under oath, that he or she has been wrongfully dismissed, the governor within 6 months shall convene a general court-martial to try t…

State staff judge advocate; appointment; eligibility; inspections; communications; individual acting in court-martial case prohibited from acting as staff judge advocate or judge advocate to, or as a member of, reviewing authority or military appeals tribunal on same case.

(1) The adjutant general shall appoint an officer of the state military forces as state staff judge advocate. To be eligible for appointment, an officer must be licensed to practice law in this state, and have practiced law in this state for at least 5 years, and must be a commissioned officer of the rank of lieutenant…

Victim rights; designation of representative; construction of section; appeals; procedures and protections; victim interviews.

(1) A victim of an offense under this code has the rights conferred by state law in nonmilitary courts, including, but not limited to, all of the following: (a) The right to be reasonably protected from the accused. (b) The right to reasonable, accurate, and timely notice provided by military trial counsel of all of th…

Persons authorized to apprehend persons subject to code; fees or charges.

(1) A person authorized under the rules issued pursuant to this code to apprehend a person subject to this code, a marshal of a court-martial appointed pursuant to this code, or a law enforcement officer of this state or a political subdivision of this state may apprehend a person subject to this code upon reasonable b…

Apprehension of person charged with violation by civil law enforcement officer.

A civil law enforcement officer of this state may apprehend a person charged with the violation of section 85 and deliver the person into the custody of the state military forces.

"Arrest" defined; arrest by military superior; probable cause; authority to secure custody of alleged offender not limited.

(1) As used in this section, "arrest" means the restraint of a person by an order not imposed as a punishment for an offense, directing the person to remain within certain specified limits. (2) An officer or enlisted member of the state military forces accused of an offense in violation of this code may be placed in ar…

Arrest or confinement; warrant of arrest; service; place of confinement.

(1) An individual subject to this code and charged with an offense under this code must be ordered into arrest or confinement, as circumstances may require. If the individual is charged only with an offense normally tried by a summary court-martial, the individual shall not ordinarily be placed in confinement. (2) An a…

Refusal to receive or keep prisoner committed; statement; report to commanding officer of prisoner; taking prisoner from pretrial custody of person other than state military forces; informing prisoner of charges and right to counsel.

(1) A provost marshal, commander of a guard, warden, keeper, or officer of a place of confinement described in section 10, shall not refuse to receive or keep a prisoner committed to his or her charge when the committing person furnishes a statement, signed by that person, of the offense charged against the prisoner. (…

Bail.

(1) Except as provided in section 15 of article I of the state constitution of 1963, a person charged with a violation under this code is entitled to bail. (2) Before trial, a person is entitled to bail in an amount determined by the military judge. (3) The amount of bail shall not be excessive, and the military judge…

Trial by court-martial limited to certain violations; delivery of person subject to code to civil authority for trial; conviction in civil tribunal; return to military custody for completion of sentence of court-martial.

(1) It is the intent of the legislature that trial by court-martial be limited to the violations defined in article 10. (2) A person subject to this code who is on active state duty and who is accused of a criminal offense against civil authority shall be delivered, upon request, to the civil authority for trial. (3) I…

(1) Under regulations promulgated under this code, a commanding officer, in addition to or instead of an admonition or reprimand, may impose disciplinary punishment for a minor offense on an officer under that commanding officer's command without the intervention of a court-martial with 1 of the following: (a) Restrict…

Kinds of courts-martial.

The 3 kinds of courts-martial in the state military forces are: (a) General courts-martial, consisting of a military judge and not less than 8 members; or only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests…

Michigan Army National Guard and Michigan Air National Guard; court-marital jurisdiction.

Subject to this code, the Michigan Army National Guard and Michigan Air National Guard each have court-martial jurisdiction over its members.

General court-martial; jurisdiction; powers of punishment.

A general court-martial has jurisdiction to try an individual subject to this code for an offense made punishable by this code and may adjudge any of the following punishments: (a) Confinement of not more than 2 years. (b) A fine of not more than $2,500.00 for a single offense. (c) Forfeiture of all pay and allowances.…

Special court-martial; jurisdiction; powers of punishment.

(1) A special court-martial has jurisdiction to try an individual subject to this code for an offense for which the individual may be punished under this code. A special court-martial may adjudge the same punishments as a general court-martial except that the special court-martial may not adjudge the punishments of dis…

Summary court-martial; jurisdiction; objection by accused; powers of punishment.

(1) A summary court-martial has jurisdiction to try an individual subject to this code, except an officer or a cadet, for an offense made punishable by this code. (2) An individual must not be tried by a summary court-martial if, before trial, the individual objects to a summary court-martial. If objection to trial by…

General court-martial; convening by order of governor or state adjutant general.

A general court-martial may be convened by order of the governor or the state adjutant general.

Special court-martial; convening authority.

Except as otherwise provided in this section, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene a special court-mar…

Summary court-martial; convening authority.

Except as otherwise provided in this section, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summa…

Members for courts-martial; selection; eligibility; qualifications.

(1) Members for all courts-martial shall be selected at random pursuant to regulations issued by the state adjutant general not inconsistent with this section. (2) A commissioned officer on duty with the state military forces is eligible to serve on all courts-martial for the trial of a person who may lawfully be broug…

General or special court-martial; military judge; requirements; powers and duties.

(1) Subject to this section, a military judge must be detailed to each general or special court-martial. (2) A military judge must be a commissioned officer who is licensed to practice law in this state and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for dut…