North Carolina § 127A-56 - Powers of courts-martial.

§ 127A-56. Powers of courts-martial.

In the North Carolina National Guard, not in the service of the United States, presidents of courts-martial and summary court officers shall have power to issue warrants to arrest an accused person and to bring the person before a court for trial whenever the person has disobeyed an order in writing from the convening authority to appear before the court, a copy of the charge or charges having been delivered to the accused with the order, and to issue subpoenas and subpoenas duces tecum, and to enforce by attachment attendance of witnesses and the production of books, papers, records and other articles subject to a subpoena duces tecum, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. The presiding officer shall also have power to punish for contempt occurring in the presence of the court. History (1917, c. 200, s. 60; C.S., s. 6830; 1957, c. 136, s. 12; 1975, c. 604, s. 2; 1983, c. 316, s. 5; 2009-281, s. 1; 2010-193, s. 11; 2011-195, s. 1(a).) Editor's Note. - Session Laws 2010-193, s. 23, provides: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." The Act became effective December 1, 2010. Effect of Amendments. - Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard" in the first sentence of the first paragraph. Session Laws 2010-193, s. 11, effective December 1, 2010, and applicable to offenses committed on or after that date, in the first paragraph, in the first sentence, substituted "National Guard" for "national guard," deleted "and to issue commitments in carrying out sentences of confinement" following "with such order," and made numerous stylistic changes, and, in the last sentence, substituted "The presiding officer" for "He"; and, deleted the former last paragraph, which pertained to additional means and procedures for arresting and confining persons. Session Laws 2011-195, s. 1(a), effective June 23, 2011, inserted "North Carolina" near the beginning and made minor stylistic changes.