31-2A-6
Section 31-2A-6 (Article 6.) Judge Advocates. (a) The senior force judge advocates in each
of the state's military forces or that judge advocate's delegates shall make frequent inspections
in the field in supervision of the administration of military justice in that force. (b) Convening
authorities shall at all times communicate directly with their judge advocates in matters
relating to the administration of military justice. The judge advocate of any command is entitled
to communicate directly with the judge advocate of a superior or subordinate command, or with
the State Judge Advocate. (c) No person who has acted as member, military judge, trial counsel,
defense counsel, or investigating officer, or who has been a witness, in any case may later
act as a judge advocate to any reviewing authority upon the same case. (Act 2012-334, p. 790,
§1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-6.htm - 1K - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-134.htm - 987 bytes - Match Info - Similar pages

31-2A-58b
Section 31-2A-58b (Article 58b.) Sentences: Forfeiture of pay and allowances during confinement.
(a)(1) A court-martial sentence described in subdivision (2) shall result in the forfeiture
of pay, or of pay and allowances, due that member during any period of confinement or parole.
The forfeiture pursuant to this article shall take effect on the date determined under Section
31-2A-57(a) (Article 57(a)) and may be deferred as provided by that article. The pay and allowances
forfeited, in the case of a general court-martial, shall be all pay and allowances due that
member during such period and, in the case of a special court-martial, shall be two-thirds
of all pay due that member during such period. (2) A sentence covered by this article is any
sentence that includes either of the following: a. Confinement for more than six months. b.
Confinement for six months or less and a bad-conduct discharge or dismissal. (b) In a case
involving an accused who has dependents, the convening...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-58b.htm - 2K - Match Info - Similar pages

31-2A-62
Section 31-2A-62 (Article 62.) Appeal by the state. (a)(1) In a trial by court-martial in which
a punitive discharge may be adjudged, the state may appeal the following, other than a finding
of not guilty with respect to the charge or specification by the members of the court-martial
or an order or ruling that is, or that amounts to, a finding of not guilty with respect to
the charge or specification: a. An order or ruling of the military judge which terminates
the proceedings with respect to a charge or specification. b. An order or ruling which excludes
evidence that is substantial proof of a fact material in the proceeding. c. An order or ruling
which directs the disclosure of classified information. d. An order or ruling which imposes
sanctions for nondisclosure of classified information. e. A refusal of the military judge
to issue a protective order sought by the state to prevent the disclosure of classified information.
f. A refusal by the military judge to enforce an order...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-62.htm - 2K - Match Info - Similar pages

31-2A-136
Section 31-2A-136 (Article 136.) Authority to administer oaths and to act as notary. (a) The
following persons may administer oaths for the purposes of military administration, including
military justice: (1) All judge advocates. (2) All summary courts-martial. (3) All adjutants,
assistant adjutants, acting adjutants, and personnel adjutants. (4) All other persons designated
by regulations of the Armed Forces of the United States or by statute. (b) The following persons
may administer oaths necessary in the performance of their duties: (1) The president, military
judge, and trial counsel for all general and special courts-martial. (2) The president and
the counsel for the court of any court of inquiry. (3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation. (5) All recruiting officers. (6) All
other persons designated by regulations of the Armed Forces of the United States or by statute.
(c) The signature without seal of any such person,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-136.htm - 1K - Match Info - Similar pages

31-2A-42
Section 31-2A-42 (Article 42.) Oaths or affirmations. (a) Before performing their respective
duties, military judges, general and special courts-martial members, trial counsel, defense
counsel, reporters, and interpreters shall take an oath or affirmation in the presence of
the accused to perform their duties faithfully. The form of the oath or affirmation, the time
and place of the taking of the oath, the manner of recording the oath, and whether the oath
or affirmation shall be taken for all cases in which these duties are to be performed or for
a particular case, shall be as prescribed in regulation or as provided by law. These regulations
may provide that an oath or affirmation to perform faithfully the duties as a military judge,
trial counsel, or defense counsel may be taken at any time by any judge advocate or other
person certified or designated to be qualified or competent for the duty, and if such an oath
or affirmation is taken, it need not again be taken at the time the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-42.htm - 1K - Match Info - Similar pages

31-2-105
Section 31-2-105 Courts-martial for members of National Guard - Delivery of certificate to
sheriff for execution of sentence; disposition of fines. Where any sentence of a fine or imprisonment
shall be imposed by any military court of this state, it shall be the duty of the Adjutant
General, upon approval of the findings and sentences of such court by the Governor, to make
out and sign a certificate entitling the case, giving the name of the accused, the date and
place of trial, the date of approval of the sentence, the amount of the fine and term of imprisonment,
if any, and deliver such certificate to the sheriff of the county wherein the sentence is
to be executed. It shall thereupon be the duty of such officer to carry the sentence into
execution in the manner prescribed by law for the collection of fines and serving imprisonment
in criminal cases determined in the courts of this state. All fines collected under the provisions
of this chapter shall be paid to the State of Alabama....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-105.htm - 1K - Match Info - Similar pages

12-8-1
Section 12-8-1 Creation; composition; designation of members. A Judicial Conference for the
State of Alabama is hereby created, which shall consist of: The Chief Justice of the Supreme
Court of Alabama and two associate justices of such court, designated by the Chief Justice;
a member of the Court of Criminal Appeals, designated by the presiding judge of that court;
a member of the Court of Civil Appeals, designated by the presiding judge of that court; three
circuit judges of the state, designated by the president of the association of circuit judges;
three lawyers, who are members in good standing of the Alabama State Bar, designated by the
president of the Alabama State Bar; one probate judge, designated by the president of the
association of probate judges; and, subsequent to establishment of the district courts of
Alabama, two district court judges, designated by the president of the association of district
judges, and two municipal court judges, designated by the president of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-8-1.htm - 1K - Match Info - Similar pages

31-2-104
Section 31-2-104 Courts-martial for members of National Guard - Persons authorized to execute
processes and sentences. All processes and sentences of any of the military courts of this
state shall be executed by any sheriff, deputy sheriff, constable, or police officer, or by
any person deputized by the military court, into whose hands the same may be placed for service
or execution, and such officer shall make return thereof to the officer issuing or imposing
the same. Such service or execution of process or sentence shall be made by such officer without
tender or advancement of fee therefor, but all costs in such cases shall be paid from funds
appropriated for military purposes. The actual necessary expenses of conveying individuals
from one county in the state to another, when the same is authorized and directed by the Adjutant
General of the state, shall be paid from the regular military appropriation of the state when
approved by the Governor. (Acts 1936, Ex. Sess., No. 143, p....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-104.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-89.htm - 2K - Match Info - Similar pages