10 U.S.C. § 935 — Art. 135. Courts of inquiry

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 360 words · no verdicts yet

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Courts of inquiry investigate matters for the military. The section sets their membership, parties’ rights, oaths, witnesses, findings, and records.

(a) A person authorized to convene a general court-martial, or another person the Secretary concerned designates, may convene a court of inquiry to investigate any matter, whether or not involved people request it. (b) It must have at least three commissioned officers, and the convening authority must appoint counsel. (c)(1) A person subject to this chapter whose conduct is under inquiry must be designated a party. (2) A person subject to the chapter, a Defense Department employee, or, for the Coast Guard in the specified non-Navy operating status, an employee of its operating department, who has a direct interest may request party status. (3) A party must receive due notice and may attend, have counsel, cross-examine witnesses, and introduce evidence. (d) A party may challenge a member only for cause stated to the court. (e) Members, counsel, reporter, and interpreters must swear to perform their duties faithfully. (f) Witnesses may be summoned, testify, and be examined as in courts-martial. (g) The court must make factual findings, but may not state opinions or recommendations unless the convening authority requires it. (h) The court must keep a record, authenticated by the president’s and counsel’s signatures, and send it to the convening authority. If either cannot authenticate it, a member signs instead.

the actual law source: uscode.house.gov ↗public domain

(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)

(1)

Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.

(2)

Any person 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 who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.

(3)

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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 114–328, div. E, title LXI, § 5501, Dec. 23, 2016, 130 Stat. 2960.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
2016Amended · Pub. L. 114-328 · 130 Stat. 2960

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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