Oklahoma § 44-935 - Courts of inquiry

§ 44-935. Courts of inquiry

ARTICLE 135. Courts of inquiry.

A. Courts of inquiry to investigate any matter of concern to

the state military forces 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 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 the Oklahoma Uniform Code of

Military Justice whose conduct is subject to inquiry shall be

designated as a party.

2. Any person subject to the Code and employed by the Oklahoma

Military Department, 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.

Oklahoma Statutes - Title 44. Militia

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.

Added by Laws 2019, c. 408, § 191, eff. Oct. 1, 2019.