Guam § 63724 - Courts of Inquiry.

§ 63724. 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 Adjutant General for that purpose, whether

or not the persons involved have requested such inquiry.

(b) 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.

(c) Any person subject to this Code whose conduct is subject to inquiry shall be designated as a party.

Any person subject to the Code or employed by the Department of Military Affairs 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 in courts-martial.

(g) Courts of inquiry shall make findings of fact but may not express 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.