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31-2-107
Section 31-2-107 Courts of inquiry. Courts of inquiry, to consist of one or more officers,
may be, or on the request of the officer involved, shall be, instituted by the Adjutant General
for the purpose of investigating the conduct of any officer, any accusation or imputation
against him, or any acts made the subject of military complaint. Such court of inquiry shall,
without delay, report a statement of facts, and, when required, the evidence adduced and an
opinion thereon to the Adjutant General, who may, in his discretion, thereupon order a court-martial
or efficiency board for the trial of the officer whose conduct has been inquired into. (Acts
1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §141; Acts 1973, No. 1038, p. 1572, §108.)...
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31-2A-56
Section 31-2A-56 (Article 56.) Maximum limits. (a) The punishment which a court-martial may
direct for an offense may not exceed such limits as prescribed by this code, but in no instance
may a sentence exceed more than one year for a military offense, nor shall a sentence of death
be adjudged. A conviction by a court-martial of any military offense is a misdemeanor as defined
under the Code of Alabama 1975. (b) The limits of punishment for violations of the punitive
articles prescribed herein shall be lesser of the sentences prescribed by the state manual
for courts-martial, but in no instance shall any punishment exceed that authorized by this
code. (Act 2012-334, p. 790, §1.)...
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12-2-14
Section 12-2-14 Appointment of members of bar to sit as special judges in determination of
certain cases. When by reason of disqualification the number of judges competent to sit in
a case is reduced to eight or to six and there is equal division among them on any question
material to the determination of the case, the fact shall be certified by the Chief Justice
or, when he is disqualified, by the judges sitting to the Governor, who shall thereupon appoint
a member of the bar of the Supreme Court to sit as a judge of said court in the determination
of said case. Similarly, when by reason of disqualification no one of the judges is competent
to sit in a case or the number is reduced below six, the fact shall be certified by the Chief
Justice, if he is competent to sit, or, if not, by the judge or judges sitting, or, if no
one is competent, by the clerk of the court to the Governor, who shall thereupon appoint members
of the bar of the Supreme Court to constitute a special court of...
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31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses. A court-martial
may subpoena any witness residing within 100 miles of the place where the court is sitting
to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction
of the court-martial and signed by the judge advocate thereof, or by the officer holding a
summary court, shall make service and return of service as provided by law in criminal cases.
Any person failing to appear at any court-martial in this state to testify in accordance with
the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor
and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60
days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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31-2-30
Section 31-2-30 Sale, exchange, etc., of military property; seizure, etc., of illegally acquired
military property. The clothes, arms, accoutrements, and military property of every character
furnished by or through the state to any member of the armed forces of the state shall not
be sold, bartered, loaned, exchanged, pledged, or given away, and no person not a member of
the armed forces of the state or the United States or a duly authorized agent of this state
or the United States, who has possession of such clothes, arms, accoutrements, and military
equipment so furnished and which have been the subject of any such unlawful disposition shall
have any right, title, or interest thereof, but the same shall be seized and taken wherever
found by any military officer of the state, and shall thereupon be delivered to any commanding
officer or other officer authorized to receive the same, who shall make an immediate report
to the Adjutant General. The possession of any such clothes, arms,...
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31-2-38
Section 31-2-38 When officers, enlisted men, etc., deemed to be "in the active military
or naval service of the state." The armed forces of the state ordered into the service
of the state for the enforcement of the law, the preservation of the peace, or for the security
of the rights and lives of citizens or protection of property in aid and relief of citizens
in disaster, or any similar duty, or any other service that the Governor may for specific
reasons so designate, shall be deemed to be in the active military or naval service of the
state. Officers, warrant officers, and enlisted personnel employed under orders of the Governor
or of the Adjutant General in recruiting, making tours of instruction, inspection of troops,
armories, storehouses, campsites, rifle ranges, and military property, sitting on general,
special, and summary courts-martial and deck courts, boards of examination, courts of inquiry,
or boards of officers making and assisting in physical examinations shall be...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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31-2A-52
Section 31-2A-52 (Article 52.) Number of votes required. (a) No person may be convicted of
an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence
of two-thirds of the members present at the time the vote is taken. (b) All other questions
to be decided by the members of a general or special court-martial shall be determined by
a majority vote, but a determination to reconsider a finding of guilty or to reconsider a
sentence, with a view toward decreasing it, may be made by any lesser vote which indicates
that the reconsideration is not opposed by the number of votes required for that finding or
sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion
relating to the question of the accused's sanity is a determination against the accused. A
tie vote on any other question is a determination in favor of the accused. (c) Pursuant to
its authority under Article XV, Section 271 of the Constitution of Alabama of 1901,...
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34-3-40
Section 34-3-40 Established; composition; terms of office. (a) The governing body of Alabama
State Bar shall be the Board of Commissioners composed of at least one member from each judicial
circuit; provided that, for this purpose, that part of the Tenth Judicial Circuit, known as
the "Bessemer Cut-off" electoral district, for electing its circuit judge shall
be considered and construed as a separate judicial circuit. Each commissioner, at the time
of nomination and election and during incumbency, shall be a member in good standing of the
Alabama State Bar whose principal office is maintained in the circuit he or she represents.
(b) The membership of the Board of Commissioners of the State Bar shall be constituted as
follows: (1) One member from each judicial circuit. (2) One member from the electoral district
of the Tenth Judicial Circuit, known as the "Bessemer Cut-off" electoral district,
for electing its circuit judge. (3) One additional commissioner for each 300 members of the...
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34-8B-4
Section 34-8B-4 Alabama Board of Court Reporting - Creation; composition; meetings; compensation.
(a) There is created the Alabama Board of Court Reporting. The board shall be operative within
60 days of June 1, 2006. ACRA shall provide administrative support to the board until such
time as the board employs sufficient employees to implement and administer this chapter. (b)
The board shall consist of seven members as follows: (1) Four court reporters certified by
ABCR, NCRA, NVRA, or by the board, two of whom shall be employed in official capacities and
two of whom shall be employed in a freelance setting. (2) Two members in good standing with
the Alabama State Bar Association. (3) One additional member. (c) Appointments to the board
shall be made as follows: (1) The Governor shall appoint one official court reporter, one
freelance court reporter, and one member of the Alabama State Bar Association. ACRA, NCRA,
NVRA, and the Alabama State Bar Association shall respectively submit a...
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