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31-2A-34
Section 31-2A-34 (Article 34.) Advice of judge advocate and reference for trial. (a) Before
directing the trial of any charge by general or special court-martial, the convening authority
shall refer it to a judge advocate for consideration and advice. The convening authority may
not refer a specification under a charge to a general or special court-martial for trial unless
the convening authority has been advised in writing by a judge advocate of all of the following:
(1) The specification alleges an offense under this code. (2) The specification is warranted
by the evidence indicated in the report of investigation under Section 31-2A-32 (Article 32),
if there is such a report. (3) A court-martial would have jurisdiction over the accused and
the offense. (b) The advice of the judge advocate under subsection (a) with respect to a specification
under a charge shall include a written and signed statement by the judge advocate containing
both of the following: (1) Conclusions with respect...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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31-2A-15
Section 31-2A-15 (Article 15.) Commanding officer's non-judicial punishment. (a) Under such
regulations as prescribed, any commanding officer may impose disciplinary punishments for
minor offenses without the intervention of a court-martial pursuant to this article. The Governor,
the Adjutant General, or an officer or a general or flag rank in command may delegate the
powers under this article to a principal assistant who is a member of the Alabama National
Guard. (b) For the purposes of this article, the term "day" shall mean the following:
(1) For the purposes of pay, one day shall equal one active duty military payday. (2) For
all other purposes, one day shall equal one calendar day. (c) For the purposes of this part,
all members must be in military status when punishment is imposed. (d) Any commanding officer
may impose upon enlisted members of the officer's command any of the following: (1) An admonition.
(2) A reprimand. (3) The withholding of privileges for up to six consecutive...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, ยง1.)...
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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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31-2A-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...
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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-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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