Ala. Code § 31-2A-37

Current through the 2024 Regular Session.
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 members of a command in the substantive and procedural aspects of courts-martial.
(2) Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code, in preparing any report, may do either of the following:
(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein.
(2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.

Ala. Code § 31-2A-37 (1975)

Added by Act 2012-334,§ 1, eff. 5/10/2012.