Sec. 432.062. UNLAWFULLY INFLUENCING ACTION OF COURT. (a) An authority convening a general, special, or summary court-martial, another commanding officer, or officer serving one of their staffs may not censure, reprimand, or admonish the court, a court member, military judge, or counsel of the court with respect to the findings or sentence adjudged by the court or with respect to another exercise of its or his functions in the conduct of the proceeding.
(b) A person subject to this chapter may not attempt to coerce or by unauthorized means influence the action of the court-martial or another military tribunal or a member of the tribunal in reaching the findings or sentence in a case or the action of a convening, approving, or reviewing authority with respect to his judicial acts.
(c) Subsections (a) and (b) do not apply to:
(1) general instructional or informational courses in military justice if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of court-martial; or
(2) statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(d) In the preparation of an effectiveness, fitness, or efficiency report, or another report or document used in whole or part for determining whether a member of the state military forces is qualified to be advanced in grade, in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on duty, a person subject to this chapter may not:
(1) consider or evaluate the performance of duty of the member as a member of a court-martial or a witness in a court-martial; or
(2) give a less favorable rating or evaluation of a member of the state military forces because of the zeal with which the member, as counsel, represented an accused before a court-martial.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 14, eff. September 1, 2011.
Structure Texas Statutes
Subtitle C - State Military Forces and Veterans
Chapter 432 - Texas Code of Military Justice
Section 432.062. Unlawfully Influencing Action of Court
Section 432.063. Duties of Trial Counsel and Defense Counsel
Section 432.069. Former Jeopardy
Section 432.070. Pleas of Accused
Section 432.071. Opportunity to Obtain Witnesses and Other Evidence
Section 432.072. Refusal to Appear or Testify
Section 432.075. Admissibility of Records of Courts of Inquiry
Section 432.076. Voting and Rulings
Section 432.077. Number of Votes Required