Section 31-2A-1 - (Article 1.) DefinitionsFor the purposes of this code, the following words have the following meanings:
(1) ACCUSER. An individual who signs and swears to charges, any individual who directs that charges nominally be signed and sworn to by another, and any other individual who has an interest other than an official interest in the prosecution of the accused.(2) CADET or CANDIDATE. An individual 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, the State of Alabama, or any state or territory pursuant to law, a Presidential Executive order, Governor's Executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security.b. Any restricted data, as defined in Section 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. §_2014(y).(4) CLERK OF THE COURT. Includes all individuals employed or assigned to serve in this position by a state staff judge advocate to manage and maintain court records. This individual may administer oaths for charges and warrants.(6) COMMANDING OFFICER. Includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under Section 31-2A-15 (Article 15). The term "commander" has the same meaning as "commanding officer" unless the context otherwise requires. A commander is any general officer, the Adjutant General, or any other officer who, by virtue of position, is designated as a commanding officer.(7) CONVENING AUTHORITY. Includes, in addition to the individual who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.(8) DAY. A calendar day, unless otherwise specified with respect to forfeiture of pay; the term is not synonymous with the term "unit training assembly." Any punishment authorized by this code which is measured in terms of days, when served in a status other than annual field training, shall be construed to mean succeeding duty days.(9) DUTY STATUS OTHER THAN STATE ACTIVE DUTY. Any other type of duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from such duty.(10) ENLISTED MEMBER. A person in an enlisted grade.(11) JUDGE ADVOCATE.(a) A commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of the State of Alabama, and who is certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps, or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these.
(b) In the instance when a judge advocate is detailed under this code and is not a member of the bar of this state, the judge advocate shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth his or her qualifications, and with notice and approval of the Alabama State Bar and Chief Justice of the Alabama Supreme Court, that the judge advocate is all of the following: 1. A commissioned officer of the Armed Forces of the United States or a component thereof.2. A member in good standing of the bar of the highest court of a state.3. Qualified in accordance with subsection (a).(12) MILITARY COURT. A court-martial or a court of inquiry.(13) MILITARY JUDGE. An official of a general or special court-martial detailed in accordance with Sections 31-2A-26 and 31-2A-26a (Articles 26 and 26a).(14) MILITARY OFFENSES. Those offenses prescribed under Part X which are not also covered by federal or state law.(15) NATIONAL SECURITY. The national defense and foreign relations of the United States.(16) OFFICER. A commissioned or warrant officer. (17) RECORD. When used in connection with the proceedings of a court-martial, means either of the following:a. An official written transcript, written summary, or other writing relating to the proceedings.b. An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.(18) RULES OF COURT. The applicable rules of court shall be the Alabama Rules of Court, as applied in any state or municipal court or appellate proceedings within the state.(19) SENIOR FORCE COMMANDER. The commander of the same service within the state military forces as the accused, with courts-martial convening authority, as delegated by the Adjutant General.(20) ARMY OR AIR STAFF JUDGE ADVOCATE. The State Staff Judge Advocate, or delegate, for the Adjutant General of the same service within the state military forces as the accused .(21) STATE. The State of Alabama.(22) STATES. One of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands.(23) STATE ACTIVE DUTY. Full-time duty in the state military forces under an order of the Governor or otherwise issued by authority of law under Chapter 2 of Title 31 and paid in whole or in part by stats funds, and includes travel to and from such duty.(24) STATE MILITARY FORCES. The Alabama National Guard, as defined in Title 32, United States Code, Section 271 of the Constitution of Alabama of 2022, and Section 31-2-3. The unorganized militia, state defense force, state national guard, home guard, or any other name of any state force that does not meet this definition shall be under the jurisdiction and terms of this code, as defined in Section 31-2-3 .(25) SUPERIOR COMMISSIONED OFFICER. A commissioned officer superior in rank or command.Ala. Code § 31-2A-1 (1975)
Amended by Act 2024-329,§ 1, eff. 10/1/2024.Added by Act 2012-334,§ 1, eff. 5/10/2012.