W. Va. Code R. § 141-49-2

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 141-49-2 - Jurisdiction

2.1. Jurisdiction of Courts-Martial in General.

2.1.a. The jurisdiction of courts-martial is entirely penal or disciplinary.

2.1.b. The jurisdiction of courts-martial does not, in general, depend on where the offense was committed. Similarly, the jurisdiction of a court-martial with respect to offenses against military law is not affected by the place where the court acts or is convened.

2.1.c. As to persons subject to trial by courts-martial, see USCMJ, Sections 2 and 3.

2.1.d. As to jurisdiction for contempts, see USCMJ, Section 48.

2.1.e. Courts-martial shall have exclusive jurisdiction over purely military offenses. A person subject to the USCMJ is, as a rule, also subject to the law applicable to persons generally, and if by an act or omission he violates the USCMJ and the local criminal law, the act or omission may be made the basis of a prosecution before a court-martial or before a proper civil tribunal, and in some cases before both. However, jurisdiction shall not be extended to crimes not included in Chapter 15, Article 1E, USCMJ.

2.2. Reciprocal Jurisdiction. -- Commanders in one force of the state military forces are authorized to convene courts-martial for the trial of members of another force only when specifically empowered by The Adjutant General.

2.3. Jurisdiction of General Courts-Martial.

2.3.a. Subject to paragraph 7, general courts-martial have the power to try persons subject to the USCMJ for any offense made punishable by the USCMJ and may adjudge any punishment authorized by USCMJ, Section 18.

2.3.b. General courts-martial may be convened by:

2.3.b.1. The Governor;

2.3.b.2. The Adjutant General;

2.3.b.3. The commanding officer of a force of the state military forces;

2.3.b.4. The commanding officer of a division or a separate brigade; or

2.3.b.5. The commanding officer of a separate wing.

2.3.c. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

2.4. Jurisdiction of Special Courts-Martial.

2.4.a. Subject to paragraph 2.1., special courts-martial shall have jurisdiction to try persons subject to the USCMJ except commissioned officers and may adjudge any special courts-martial authorized by USCMJ, Section 19.

2.4.b. Special courts-martial may be convened by:

2.4.b.1. Any person who may convene a general court-martial;

2.4.b.2. The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;

2.4.b.3. The commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;

2.4.b.4. The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or

2.4.b.5. The commanding officer or officer in charge of any other command when empowered by The Adjutant General.

2.4.c. If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

2.5. Jurisdiction of Summary Courts-Martial.

2.5.a. Subject to paragraph 2.1., summary courts-martial shall have jurisdiction to try enlisted persons subject to the USCMJ for any offense made punishable by the USCMJ and may adjudge any punishment authorized by USCMJ, Section 20.

2.5.b. Summary courts-martial may be convened:

2.5.b.1. By any person who may convene a general or special court- martial;

2.5.b.2. The commanding officer of a detached company or other detachment, or corresponding unit of the Army;

2.5.b.3. The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or

2.5.b.4. The commanding officer or officer in charge of any other command when empowered by The Adjutant General.

2.5.c. When only one commissioned officer is present with a command or detachment that officer shall be the summary court- martial of that command or detachment and shall hear and determine all summary court-martial cases. Summary courts-martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.

W. Va. Code R. § 141-49-2