Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 935. Art. 135. Courts of inquiry
Statutory text
Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.
A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.
Any person who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.
Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 76 · 70A Stat. 76
Enacted · 10 U.S.C. § 935
Aug. 10, 1956, ch. 1041, 70A Stat. 76
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 76Military Justice Act of 2016
Pub. L. 114–328 div. E title LXI § 5501 · 130 Stat. 2000
Amended · 10 U.S.C. § 935(c)
Pub. L. 114–328 designated first through third sentences as pars. (1) to (3), respectively, and, in par. (2)
Substituted · 10 U.S.C. § 935(c)
Pub. L. 114–328 substituted “who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and” for “subject to this chapter or employed by the Department of Defense”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328 designated first through third sentences as pars. (1) to (3), respectively, and, in par. (2), substituted “who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and” for “subject to this chapter or employed by the Department of Defense”.Enacted provision · exact public law section
SEC. 5501. TECHNICAL AMENDMENTS RELATING TO COURTS OF INQUIRY. Section 935(c) of title 10, United States Code (article 135(c) of the Uniform Code of Military Justice), is amended— (1) by striking “(c) Any person” and inserting “(c)(1) Any person”; (2) by designating the second and third sentences as paragraphs (2) and (3), respectively; and (3) in paragraph (2), as so designated, by striking “subject to this chapter or employed by the Department of Defense” and inserting “who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and”.Effective date note
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 935(a)935(b)935(c) | 50:731(a).50:731(b).50:731(c). | May 5, 1950, ch. 169, § 1 (Art. 135), 64 Stat. 143. |
| 935(d) | 50:731(d). | |
| 935(e) | 50:731(e). | |
| 935(f) | 50:731(f). | |
| 935(g) | 50:731(g). | |
| 935(h) | 50:731(h). | |
In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.
In subsection (b), the word “commissioned” is inserted for clarity. The word “consists” is substituted for the words “shall consist”.
In subsection (c), the word “has” is substituted for the words “shall have”.
In subsection (e), the words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1.
In subsection (g), the word “may” is substituted for the word “shall”.
In subsection (h), the word “If” is substituted for the words “In case”.
Editorial Notes
Amendments
2016—Subsec. (c). Pub. L. 114–328 designated first through third sentences as pars. (1) to (3), respectively, and, in par. (2), substituted “who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and” for “subject to this chapter or employed by the Department of Defense”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Credits
1956–2016 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 76
- 2016Pub. L. 114–328, div. E, title LXI, § 5501, , 130 Stat. 2960.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 114–328, div. E, title LXI, § 5501, , 130 Stat. 2960.)