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31-2A-26
Section 31-2A-26 (Article 26.) Military judge of a general or special court-martial. (a) A
military judge shall be detailed to each general and special court-martial. The military judge
shall preside over each open session of the court-martial to which the military judge has
been detailed. (b) A military judge shall be all of the following: (1) An active or retired
commissioned officer. (2) A member in good standing of the bar of the highest court of a state
or a member of the bar of a federal court for at least five years. (3) Either a certified
military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant
General. (c) In the instance when a military judge is not a member of the bar of the highest
court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing
a certificate with the state judge advocate setting forth such qualifications provided in
subsection (b) and with notice and approval of the State Bar and Chief...
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31-2-89
Section 31-2-89 Actions against members of military court, etc., as to sentences, warrants,
etc.; actions against officers or enlisted men for acts performed in line of duty; defense
of actions against present or former members of National Guard at state expense. No action
or proceedings shall be prosecuted or maintained against a member of a military court or officer
or person acting under its authority or reviewing its proceedings on account of the approval
or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate
of a military court, nor shall any officer or enlisted man be liable to civil action or criminal
prosecution for any act done while in the discharge of his military duty, which act was done
in the line of duty. If a civil action shall be commenced in any court by any person against
any present or former member of the National Guard of this state for any act done by such
present or former member while on any duty under this chapter, or...
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31-2A-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer
of the Alabama National Guard is eligible to serve on all courts-martial for the trial of
any person subject to this code. (b) Any warrant officer of the Alabama National Guard is
eligible to serve on general and special courts-martial for the trial of any person subject
to this code, other than a commissioned officer. (c) Any enlisted member of the state military
forces who is not a member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member subject to this code, but
that member shall serve as a member of a court only if, before the conclusion of a session
called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in
the absence of such a session, before the court is assembled for the trial of the accused,
the accused personally has requested orally on the record or in writing that enlisted...
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31-2A-134
Section 31-2A-134 (Article 134.) General article. Though not specifically mentioned in this
code, all disorders and neglects to the prejudice of good order and discipline in the state
military forces and all conduct of a nature to bring discredit upon the state military forces
shall be taken cognizance of by a court-martial and punished at the discretion of a military
court. However, where a crime constitutes an offense that violates both this code and the
criminal laws of the state where the offense occurs or criminal laws of the United States,
jurisdiction of the military court must be determined in accordance with Section 31-2A-2(b)
(Article 2(b)). (Act 2012-334, §1.)...
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31-2A-1
Section 31-2A-1 (Article 1.) Definitions. For the purposes of this code, unless the context
otherwise requires, the following words have the following meanings: (1) ACCUSER. A person
who signs and swears to charges, any person who directs that charges nominally be signed and
sworn to by another, and any other person who has an interest other than an official interest
in the prosecution of the accused. (2) CADET, CANDIDATE, or MIDSHIPMAN. A person who is enrolled
in or attending a state military academy, a regional training institute, or any other formal
education program for the purpose of becoming a commissioned officer in the state military
forces. (3) CLASSIFIED INFORMATION. Information that meets all of the following requirements:
a. Any information or material that has been determined by an official of the United States
or any state pursuant to law, an Executive order, or regulation to require protection against
unauthorized disclosure for reasons of national or state security. b....
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36-11-19
Section 36-11-19 Drawing of jury where member of county commission, etc., subject to impeachment
proceedings. Whenever any information for the impeachment of any member of a county commission,
jury commission or other board charged by law with the duty of drawing petit juries is filed
in any court in this state having jurisdiction to hear and determine such information, or
whenever any article of impeachment or other proceedings for the impeachment of any such member
are filed or commenced in any such court, the judge of the circuit court shall, in the manner
provided by law, draw the jury for the trial of such cases. (Code 1907, §7112; Code 1923,
§4509; Code 1940, T. 41, §190.)...
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31-2A-37
Section 31-2A-37 (Article 37.) Unlawfully influencing action of court. (a) No authority convening
a general, special, or summary court-martial, nor any other commanding officer, or officer
serving on the staff thereof, may censure, reprimand, or admonish the court or any member,
the military judge, or counsel thereof, with respect to the findings or sentence adjudged
by the court or with respect to any other exercise of its or their functions in the conduct
of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized
means, influence the action of a court-martial or court of inquiry 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 its judicial acts. This subsection shall not apply
to either of the following: (1) General instructional or informational courses in military
justice if such courses are designed solely for the purpose of instructing...
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9-11-51
Section 9-11-51 Hunting without license, etc. (a) Any person other than a nonresident who hunts
in this state or who utilizes a Division of Wildlife and Freshwater Fisheries shooting range
without the required hunting license shall be guilty of a Class C misdemeanor, punishable
by a fine of not less than seventy-five dollars ($75) nor more than two hundred fifty dollars
($250) for each offense. Notwithstanding the foregoing, a hunting license shall not be required
for a resident or resident member of the immediate family who hunts on lands owned by him
or her, nor shall a hunting license be required for a tenant or a member of the tenant's immediate
family who hunts on lands leased or rented by him or her, provided the hunter resides on the
lands, nor of any resident of this state on active military duty who is in this state on leave
and who has proof of that status in his or her possession. (b) Any person other than a nonresident
who lends or transfers his or her hunting license to...
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31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The trial counsel
of a general or special court-martial shall prosecute in the name of the state, and, under
the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused
has the right to be represented in defense before a general or special court-martial or at
an investigation under Section 31-2A-32 (Article 32) as provided in this subsection. (2) The
accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following: a. By military counsel detailed
under Section 31-2A-27 (Article 27). b. By military counsel of the accused's own selection
if that counsel is reasonably available as determined under subdivision (7). (4) If the accused
is represented by civilian counsel, military counsel detailed or selected under subdivision
(3) shall act as associate counsel unless excused at the request of...
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32-9-3
Section 32-9-3 Enforcement of chapter. Any peace officer, including sheriffs and their deputies,
constables and their deputies, police officers and marshals of cities or incorporated towns,
county police or patrols, state or county license inspectors and their deputies, state troopers
and special officers appointed by any agency of the State of Alabama for the enforcement of
its laws relating to motor vehicles, now existing or hereafter enacted, shall be authorized,
and it is hereby made the duty of each of them to enforce the provisions of this chapter and
to make arrests for any violation or violations thereof, without warrant, if the offense is
committed in his or her presence, and with warrant if he or she does not observe the commission
of the offense. If the arrest is made without warrant, the accused may elect to be immediately
taken before the nearest court having jurisdiction, whereupon it shall be the duty of the
officer to so take him or her. If the accused elects not to be...
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