(1) No authority convening a general, special, or summary court-martial nor any other commander or officer serving on the staff of the court-martial may censure, reprimand, or admonish the court or any member, military judge, or counsel with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by an unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of this subsection do not apply with respect to:
(A) general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial;
(B) statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(2) In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the military forces, or in determining whether a member of the military forces should be retained on active duty, no person subject to the Code of Military Justice may, in preparing any such report:
(A) consider or evaluate the performance of duty of the member as a member of a court-martial;
(B) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which the member, as counsel, represented any accused before a court-martial.
HISTORY: 1984 Act No. 378, Section 28.
Structure South Carolina Code of Laws
Title 25 - Military, Civil Defense and Veterans Affairs
Section 25-1-20. Acceptance of Act of Congress.
Section 25-1-30. National Guard shall conform to Federal laws.
Section 25-1-40. Applicability of Uniform Code of Military Justice.
Section 25-1-50. Rules and regulations.
Section 25-1-60. Composition and classes of militia.
Section 25-1-70. Organization of the National Guard.
Section 25-1-90. Service within State of military forces from another State.
Section 25-1-110. Burial flags; application forms; eligibility.
Section 25-1-130. Effect of disbandment of military organization.
Section 25-1-150. Unauthorized wearing of military insignia.
Section 25-1-170. Licenses and certificates for spouses licensed in other jurisdictions.
Section 25-1-310. Administration of State militia.
Section 25-1-340. Vacancies in office of Adjutant General.
Section 25-1-350. General powers and duties of Adjutant General.
Section 25-1-360. Rules and regulations.
Section 25-1-370. Seal as authentication.
Section 25-1-390. Assistant Adjutant General for Air.
Section 25-1-400. Duties of Assistants during absence of Adjutant General.
Section 25-1-410. Audit and allowance of department expenses.
Section 25-1-430. Definitions.
Section 25-1-440. Additional powers and duties of Governor during declared emergency.
Section 25-1-445. Entry into area under curfew.
Section 25-1-460. Loans for emergency and recovery operations.
Section 25-1-510. Appointment, qualifications, and tenure.
Section 25-1-520. Certain personnel of The Citadel commissioned in unorganized militia.
Section 25-1-530. Probationary and revocable appointment and promotion of officers.
Section 25-1-540. Text of oath for officers.
Section 25-1-550. Requirement that officers take oath and give bond.
Section 25-1-560. Publication of relative rank list of officers.
Section 25-1-590. Retirement of officers and enlisted men.
Section 25-1-610. Discharge of officers.
Section 25-1-620. Circumstances prohibiting resignation or discharge.
Section 25-1-630. Officers authorized to administer oaths and act as notary.
Section 25-1-640. Date of rank of certain former military officers.
Section 25-1-650. Filling of vacancies in commissioned officer grades.
Section 25-1-810. Promotions under Federal Personnel Act.
Section 25-1-830. Officer selection boards.
Section 25-1-840. Examinations required.
Section 25-1-850. Transfer of officers within Army National Guard.
Section 25-1-860. Vacancy in staff of headquarters and headquarters detachment.
Section 25-1-870. Vacancy in grade of major general.
Section 25-1-880. Vacancy in grade of brigadier general.
Section 25-1-890. Vacancy in grade of colonel.
Section 25-1-930. Vacancy in grade of warrant officer.
Section 25-1-960. Reorganization authority.
Section 25-1-1110. Promotions under federal law.
Section 25-1-1120. Vacancies in new units.
Section 25-1-1140. Vacancy in headquarters, Air National Guard.
Section 25-1-1160. Vacancy in grade of colonel or higher.
Section 25-1-1190. Appointment of exceptionally qualified enlisted men.
Section 25-1-1310. Duty of State to maintain and govern National Guard.
Section 25-1-1320. Expenses paid from National Guard appropriations.
Section 25-1-1330. Annual settlements for Federal and State property.
Section 25-1-1350. Requirements for sharing in appropriations.
Section 25-1-1360. Disbursements of military funds.
Section 25-1-1370. Allowances for maintenance.
Section 25-1-1380. Transportation and subsistence of militia on State duty.
Section 25-1-1420. Unlawful purchase or receipt of military property.
Section 25-1-1430. Disposition of State military property unfit for use.
Section 25-1-1440. Adjutant General's caisson; maintenance and care.
Section 25-1-1610. Acquisition of real estate for training facilities.
Section 25-1-1630. Leasing of training facilities not owned by State or United States.
Section 25-1-1640. Maintenance of training facilities.
Section 25-1-1650. Authority to sell obsolete armories; use of proceeds.
Section 25-1-1660. Transfer of surplus armories to political subdivisions.
Section 25-1-1810. National Guard subject to call by United States.
Section 25-1-1820. Circumstances requiring active duty.
Section 25-1-1830. Duty when called to suppress unlawful assembly.
Section 25-1-1840. Authority of Governor to order out National Guard.
Section 25-1-1860. Governor's proclamation to disperse.
Section 25-1-1870. Governor may take possession of utilities.
Section 25-1-1880. Local commanding officer may order out National Guard.
Section 25-1-1890. Call of unorganized militia to service in addition to National Guard.
Section 25-1-1900. Proclamation of state of insurrection.
Section 25-1-1920. Penalty for false certificate by physician.
Section 25-1-2110. Term of enlistment.
Section 25-1-2120. Transmission of orders for duty.
Section 25-1-2170. Civil action or criminal prosecution against military personnel.
Section 25-1-2180. Assault upon military personnel.
Section 25-1-2190. Interference with employment of or practice of trade by guard member; penalty.
Section 25-1-2200. Pay of National Guard on active duty.
Section 25-1-2220. Transfer of enlisted men.
Section 25-1-2230. Discharges of enlisted men.
Section 25-1-2240. Proceedings in case of death.
Section 25-1-2250. Leaves of absence for public officers and employees.
Section 25-1-2260. Continuance of court case when party or attorney on active duty.
Section 25-1-2270. Completion of missed exams and assignments due to military service.
Section 25-1-2310. Entitlement to reemployment.
Section 25-1-2330. Judicial action for enforcement of rights.
Section 25-1-2340. Provisions of article applicable to members of South Carolina State Guard.
Section 25-1-2350. South Carolinians serving in another state's national or state guard.
Section 25-1-2410. Citation of Code of Military Justice.
Section 25-1-2420. Definitions, generally.
Section 25-1-2430. Person subject to Code of Military Justice.
Section 25-1-2440. Discharged person as subject to court-martial.
Section 25-1-2450. Appointment of state judge advocate.
Section 25-1-2455. Military judges; appointment, qualifications, powers, duties.
Section 25-1-2460. "Apprehension" defined; persons authorized to apprehend offenders.
Section 25-1-2470. Arrest and confinement, defined; use of reasonable force; powers of sheriffs.
Section 25-1-2480. Arrest or confinement; informing person of rights.
Section 25-1-2490. Place of confinement; expenses; reports.
Section 25-1-2500. Punishment prohibited before trial.
Section 25-1-2520. Nonjudicial disciplinary punishment.
Section 25-1-2530. Types of courts-martial.
Section 25-1-2540. Jurisdiction of courts-martial in general.
Section 25-1-2550. Jurisdiction of general courts-martial.
Section 25-1-2560. Jurisdiction of special courts-martial.
Section 25-1-2570. Jurisdiction of summary courts-martial.
Section 25-1-2580. Appointment of general courts-martial.
Section 25-1-2590. Appointment of special courts-martial.
Section 25-1-2600. Appointment of summary courts-martial.
Section 25-1-2610. Who may serve on courts-martial.
Section 25-1-2620. Detail and designation of military judge; qualifications.
Section 25-1-2630. Detail of trial counsel and defense counsel; qualifications.
Section 25-1-2640. Recording of proceedings; interpreters.
Section 25-1-2650. Absent and additional members for courts-martial.
Section 25-1-2685. Service of charges on accused; time restrictions as to trial.
Section 25-1-2690. Evidentiary rules.
Section 25-1-2695. Unlawfully influencing action of court.
Section 25-1-2700. Duties of trial counsel and defense counsel; assistant trial counsel.
Section 25-1-2710. Continuances.
Section 25-1-2715. Challenges.
Section 25-1-2725. Statute of limitations.
Section 25-1-2726. Jurisdiction over accused.
Section 25-1-2730. Double jeopardy.
Section 25-1-2735. Pleas of accused.
Section 25-1-2740. Opportunity to obtain witnesses and other evidence.
Section 25-1-2745. Refusal to appear or testify.
Section 25-1-2755. Depositions.
Section 25-1-2760. Admissibility of records of courts of inquiry.
Section 25-1-2765. Voting and rulings.
Section 25-1-2770. Number of votes required.
Section 25-1-2775. Announcement of findings and sentence.
Section 25-1-2780. Record of trial.
Section 25-1-2785. Cruel and unusual punishments prohibited.
Section 25-1-2790. Resignation in lieu of court-martial.
Section 25-1-2800. Execution of sentence of confinement; hard labor.
Section 25-1-2805. Reduction in pay grade; restoration of benefits.
Section 25-1-2810. Error of law; lesser included offense.
Section 25-1-2815. Forwarding record to convening authority.
Section 25-1-2820. Forwarding record to state judge advocate.
Section 25-1-2825. Reconsideration of ruling; correction of record.
Section 25-1-2830. Rehearings.
Section 25-1-2835. Approval of findings and sentence.
Section 25-1-2840. Disposition of records after review by convening authority.
Section 25-1-2850. Appellate counsel.
Section 25-1-2855. Sentence involving general officer.
Section 25-1-2860. Vacation of suspension of sentence; hearings.
Section 25-1-2865. Remission or suspension of sentence.
Section 25-1-2870. Restoration of rights, privileges, and property.
Section 25-1-2875. Appellate review; finality of proceedings, findings, and sentences.
Section 25-1-2880. Principals.
Section 25-1-2885. Accessory after the fact.
Section 25-1-2890. Conviction of lesser included offense.
Section 25-1-2900. Conspiracy.
Section 25-1-2905. Soliciting or advising person to desert or commit act of sedition.
Section 25-1-2910. Fraudulent enlistment, appointment, or separation.
Section 25-1-2915. Unlawful enlistment, appointment, or separation.
Section 25-1-2925. Absence without leave.
Section 25-1-2930. Person missing movement of unit.
Section 25-1-2935. Disrespect to superior officer or noncommissioned officer.
Section 25-1-2940. Assaulting or wilfully disobeying superior officer or noncommissioned officer.
Section 25-1-2945. Insubordinate conduct toward officer or noncommissioned officer.
Section 25-1-2950. Failure to obey order, statute, or regulation; derelict in performance of duty.
Section 25-1-2955. Cruelty and maltreatment.
Section 25-1-2957. Reckless endangerment.
Section 25-1-2960. Mutiny or sedition.
Section 25-1-2965. Resisting arrest, and escape.
Section 25-1-2970. Releasing prisoner without proper authority.
Section 25-1-2975. Unlawful detention.
Section 25-1-2980. Noncompliance with procedural rules.
Section 25-1-2985. Improper use or disclosure of parole or countersign.
Section 25-1-2990. Forcing a safeguard.
Section 25-1-2995. Captured or abandoned property.
Section 25-1-3000. False official statements.
Section 25-1-3005. Loss, damage, destruction, or wrongful disposition of military property.
Section 25-1-3010. Waste, spoilage, or destruction of property other than military property.
Section 25-1-3025. Malingering.
Section 25-1-3030. Riot or breach of peace.
Section 25-1-3035. Provoking or reproachful words or gestures.
Section 25-1-3040. Larceny; wrongful appropriation.
Section 25-1-3060. Frauds against United States or the State or any officer of it.
Section 25-1-3065. Conduct unbecoming a member of the National Guard.
Section 25-1-3067. Fraternization.
Section 25-1-3080. Courts of inquiry.
Section 25-1-3085. Authority to administer oaths.
Section 25-1-3090. Text of Code of Military Justice; availability to member of military forces.
Section 25-1-3095. Complaint against officer.
Section 25-1-3100. Redress for damages to property.
Section 25-1-3105. Members of military forces to serve at pleasure of adjutant general.
Section 25-1-3110. Immunity for action of military courts or boards.
Section 25-1-3115. Request for assistance of solicitor of judicial circuit.
Section 25-1-3120. Oaths of members of court.
Section 25-1-3125. Oath of trial counsel and reporter.
Section 25-1-3130. Oath of Witnesses.
Section 25-1-3135. Trial by court-martial does not bar trial in State courts.
Section 25-1-3140. Writ when fine has not been paid.
Section 25-1-3145. Writ of sentence of confinement.
Section 25-1-3150. Costs and expenses of courts-martial and courts of inquiry.
Section 25-1-3155. Delegation of authority.
Section 25-1-3160. Construction of Code of Military Justice.
Section 25-1-4010. Short title.
Section 25-1-4020. Purpose and application of article.
Section 25-1-4030. Definitions.
Section 25-1-4050. Rights and protections provided to dependents of servicemembers.