Michigan Compiled Laws
Article 11 - (32.1135...32.1148)
Section 32.1135 - Court of Inquiry; Convening Authority; Membership; Appointment of Counsel; Rights of Person Having Direct Interest in Subject of Inquiry; Challenges for Cause; Oath or Affirmation; Witnesses; Findings of Fact; Record of Proceedings;...

Sec. 135.
(1) A court of inquiry to investigate any matter may be convened by a person authorized to convene a general court-martial or by any other person designated by the governor for that purpose, whether or not the person involved has requested the inquiry.
(2) A court of inquiry shall consist of 3 or more commissioned officers. For each court of inquiry the convening authority shall appoint counsel for the court.
(3) A person subject to this code or in the status of a civilian employee of the military forces of this state who has a direct interest in the subject of inquiry shall have the right to be designated as a party, shall be given due notice, and shall have the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(4) A member of a court of inquiry may be challenged by a party but only for cause stated to the court.
(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(6) A witness may be summoned to appear and testify and be examined before courts of inquiry as provided for courts-martial.
(7) A court of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.
(8) Each court of inquiry shall keep a record of its proceedings which shall be authenticated by the signatures of the senior officer and counsel of the court of inquiry and forwarded to the convening authority. If the record cannot be authenticated by signatures of the senior officer and counsel, the record shall be signed by a member instead of the senior officer, and if the record cannot be authenticated by the counsel for the court, the record shall be signed by a member instead of the counsel.
History: 1980, Act 523, Eff. Mar. 31, 1981

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 32 - Military Establishment

Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148)

Article 11 - (32.1135...32.1148)

Section 32.1135 - Court of Inquiry; Convening Authority; Membership; Appointment of Counsel; Rights of Person Having Direct Interest in Subject of Inquiry; Challenges for Cause; Oath or Affirmation; Witnesses; Findings of Fact; Record of Proceedings;...

Section 32.1136 - Officers Having Power to Administer Oaths; Affidavits; Signature and Title of Office as Prima Facie Evidence of Officer's Authority.

Section 32.1137 - Sections to Be Explained to Enlisted Person; Availability of Code and Rules.

Section 32.1138 - Complaint to Superior Officer Concerning Commanding Officer; Forwarding Complaint to Officer Exercising General Court-Martial Jurisdiction; Examination; Redress; Transmitting True Statement of Complaint With Proceedings, to Adjutant...

Section 32.1139 - Complaint to Commanding Officer Concerning Wilful Damage To, or Wrongful Taking Of, Property of Person; Convening Board to Investigate Complaint; Membership and Powers of Board; Assessment, Approval, and Payment of Damages.

Section 32.1140 - Delegation and Subdelegation of Authority Vested in Governor.

Section 32.1141 - Determining Moral Character, Capacity, and General Fitness of Officer or Warrant Officer; Efficiency Board; Unfavorable Findings; Demanding Court of Inquiry; Adverse Finding; Discharge; Procedural and Other Rules; Right to Counsel.

Section 32.1142 - Action or Proceeding Not to Be Prosecuted or Maintained Against Convening Authority, Member of Military Court, or Officer or Person Acting Under Convening Authority or Reviewing Proceedings.

Section 32.1143 - Jurisdiction of Military Courts and Board; Presumption; Burden of Proof.

Section 32.1144 - Appointing and Removing Person or Persons to Execute or Serve Process, Mandate, or Order.

Section 32.1145 - Issuance of Process, Mandates, and Subpoenas Duces Tecum; Form; Enforcement; Person to Whom Directed; Execution or Service and Return; Demanding or Requiring Payment of Fee or Charge Prohibited.

Section 32.1146 - Fine; Payment; Delivery; Deduction From Pay or Allowance Due Delinquent Offender; Payment of Fine or Penalty to State Treasurer.

Section 32.1147 - Rules.

Section 32.1148 - Repeal of MCL 32.301 to 32.427.