31-2A-29
Section 31-2A-29 (Article 29.) Absent and additional members. (a) No member of a general or
special court-martial may be absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of a challenge, excused by the military judge
for physical disability or other good cause, or excused by order of the convening authority
for good cause. (b) Whenever a general court-martial, other than a general court-martial composed
of a military judge only, is reduced below five members, the trial may not proceed unless
the convening authority details new members sufficient in number to provide not less than
the applicable minimum number of five members. The trial may proceed with the new members
present after the recorded evidence previously introduced before the members of the court
has been read to the court in the presence of the military judge, the accused, and counsel
for both sides. (c) Whenever a special court-martial, other than a special...
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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.)...
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31-2A-71
Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence. (a) If the sentence
of the court-martial extends to dismissal or bad-conduct discharge and if the right of the
accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61
(Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may
not be executed until there is a final judgment as to the legality of the proceedings. A judgment
as to the legality of the proceedings is final in such cases when review is completed by an
appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law
of the State of Alabama. (b) If the sentence of the court-martial extends to dismissal or
bad conduct discharge and if the right of the accused to appellate review is waived, or an
appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending
to dismissal or a bad-conduct discharge may not be executed until...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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31-2A-73
Section 31-2A-73 (Article 73.) Petition for a new trial. At any time within two years after
approval by the convening authority of a court-martial sentence, the accused may petition
the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud
on the court-martial. At any time within 45 days of discovery of fraud on the court-martial
or newly discovered evidence, the accused may petition for new trial with the Military Court-Martial
Review Panel. In the event the accused's case is pending before the Alabama Supreme Court,
the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
(Act 2012-334, p. 790, §1.)...
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31-2-99
Section 31-2-99 Courts-martial for members of National Guard - Employment of court reporter.
The employment of a reporter may be authorized by the convening authorities for any general
or special court-martial. When a reporter is employed, he shall be paid upon the certificate
of the judge advocate and upon the approval of the Governor from the regular military appropriations
such fees as are provided by law for an official reporter. (Acts 1936, Ex. Sess., No. 143,
p. 105; Code 1940, T. 35, §135; Acts 1973, No. 1038, p. 1572, §100.)...
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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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31-2A-27
Section 31-2A-27 (Article 27.) Detail of trial counsel and defense counsel. (a)(1) Trial counsel
and defense counsel shall be detailed for each general and special court-martial. The Alabama
National Guard shall prescribe regulations providing the manner in which counsel are detailed
for such court-martial and for persons who are authorized to detail counsel for such court-martial.
(2) No person who has acted as investigating officer, military judge, witness, or court member
in any case may act later as trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or associate defense counsel in
the same case. No person who has acted for the prosecution may act later in the same case
for the defense nor may any person who has acted for the defense act later in the same case
for the prosecution. (3) Except as provided in subsection (b), trial counsel or defense counsel
detailed for a general or special court-martial must be a...
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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...
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