RCW 38.38.840
[Art. 135] Courts of inquiry.
(1) Courts of inquiry to investigate any matter may be convened by the governor, the adjutant general, or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry: PROVIDED, That upon the request of the officer involved such an inquiry shall be instituted as hereinabove set forth.
(2) 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.
(3) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the state military department, 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.
(4) Members 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) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(7) 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.
(8) 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.
[ 2009 c 378 § 28; 1989 c 48 § 72; 1963 c 220 § 120.]
Structure Revised Code of Washington
Title 38 - Militia and Military Affairs
Chapter 38.38 - Washington Code of Military Justice.
38.38.004 - Definitions—Construction.
38.38.008 - Persons subject to this code.
38.38.012 - Jurisdiction to try certain personnel.
38.38.016 - Dismissal of commissioned officer.
38.38.020 - Territorial applicability of the code.
38.38.024 - Judge advocates and legal officers.
38.38.068 - Apprehension of deserters.
38.38.072 - Imposition of restraint.
38.38.076 - Restraint of persons charged with offenses.
38.38.080 - Confinement in jails.
38.38.084 - Reports and receiving of prisoners.
38.38.088 - Punishment prohibited before trial.
38.38.092 - Delivery of offenders to civil authorities.
38.38.132 - Commanding officer's nonjudicial punishment—Suspension—Appeal.
38.38.176 - Jurisdiction of courts-martial in general.
38.38.180 - Jurisdiction of general courts-martial.
38.38.184 - Jurisdiction of special courts-martial—Dishonorable discharge.
38.38.188 - Jurisdiction of summary courts-martial.
38.38.192 - Sentences of dismissal or dishonorable discharge to be approved by the governor.
38.38.200 - Confinement instead of fine.
38.38.240 - Who may convene general courts-martial.
38.38.244 - Special courts-martial of organized militia not in federal service—Who may convene.
38.38.248 - Summary courts-martial of organized militia not in federal service—Who may convene.
38.38.252 - Who may serve on courts-martial.
38.38.256 - Military judge of a general or special court-martial.
38.38.258 - Military judges—Qualifications.
38.38.260 - Detail of trial counsel and defense counsel.
38.38.264 - Detail or employment of reporters and interpreters.
38.38.268 - Absent and additional members.
38.38.308 - Charges and specifications.
38.38.312 - Compulsory self-incrimination prohibited.
38.38.320 - Forwarding of charges.
38.38.324 - Advice of state judge advocate and reference for trial.
38.38.328 - Service of charges.
38.38.368 - Governor may prescribe rules.
38.38.372 - Unlawfully influencing action of court.
38.38.376 - Duties of trial counsel and defense counsel.
38.38.396 - Statute of limitations.
38.38.404 - Pleas of the accused.
38.38.408 - Opportunity to obtain witnesses and other evidence.
38.38.412 - Refusal to appear or testify—Penalty.
38.38.424 - Admissibility of records of courts of inquiry.
38.38.428 - Voting, rulings, instructions.
38.38.432 - Number of votes required.
38.38.436 - Court to announce action.
38.38.480 - Cruel and unusual punishments prohibited.
38.38.484 - Maximum limits—Reduction in pay grade.
38.38.488 - Effective date of sentences.
38.38.492 - Execution of confinement.
38.38.532 - Execution of sentence—Suspension of sentence.
38.38.536 - Initial action on the record.
38.38.540 - Initial action on the record—General court-martial records.
38.38.544 - Reconsideration and revision.
38.38.552 - Approval by the convening authority.
38.38.556 - Review of records—Disposition.
38.38.560 - Error of law—Lesser included offense.
38.38.568 - Vacation of suspension.
38.38.572 - Petition for a new trial.
38.38.576 - Remission and suspension.
38.38.584 - Finality of proceedings, findings and sentences.
38.38.624 - Persons to be tried or punished.
38.38.632 - Accessory after the fact.
38.38.636 - Conviction of lesser included offense.
38.38.652 - Fraudulent enlistment, appointment, or separation.
38.38.656 - Unlawful enlistment, appointment, or separation.
38.38.664 - Absence without leave.
38.38.672 - Contempt towards officials.
38.38.676 - Disrespect towards superior commissioned officer.
38.38.680 - Assaulting or willfully disobeying superior commissioned officer.
38.38.684 - Insubordinate conduct toward warrant officer or noncommissioned officer.
38.38.688 - Failure to obey order or regulation.
38.38.692 - Cruelty and maltreatment.
38.38.696 - Mutiny or sedition.
38.38.700 - Resistance, breach of arrest, and escape.
38.38.704 - Releasing prisoner without proper authority.
38.38.708 - Unlawful detention of another.
38.38.712 - Noncompliance with procedural rules.
38.38.716 - Misbehavior before the enemy.
38.38.720 - Subordinate compelling surrender.
38.38.724 - Improper use of countersign.
38.38.728 - Forcing a safeguard.
38.38.732 - Captured or abandoned property.
38.38.740 - Misconduct of a prisoner.
38.38.744 - False official statements.
38.38.748 - Military property—Loss, damage, destruction, or wrongful disposition.
38.38.752 - Property other than military property—Waste, spoilage, or destruction.
38.38.756 - Improper hazarding of vessel.
38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.
38.38.762 - Use, possession, or distribution of controlled substances.
38.38.764 - Drunk on duty—Sleeping on post—Leaving post before relief.
38.38.776 - Riot or breach of peace.
38.38.780 - Provoking speeches or gestures.
38.38.782 - Assault upon another member of the organized militia.
38.38.783 - Larceny and wrongful appropriation.
38.38.788 - Frauds against the government.
38.38.796 - Conduct unbecoming an officer and a gentleman.
38.38.840 - Courts of inquiry.
38.38.844 - Authority to administer oaths.
38.38.848 - Sections to be explained.
38.38.852 - Complaints of wrongs.
38.38.856 - Redress of injuries to property.
38.38.860 - Execution of process and sentence.
38.38.864 - Process of military courts.
38.38.868 - Payment of fines and disposition thereof.
38.38.872 - Immunity for action of military courts.
38.38.876 - Presumption of jurisdiction.
38.38.880 - Delegation of authority by the governor.