§935. Art. 135. Courts of inquiry
(a) 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.
(b) 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.
(c) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. Any person subject to this chapter or employed by the Department of Defense 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.
(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) 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.
(h) 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.
(Aug. 10, 1956, ch. 1041,
| 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), |
| 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".
Cross References
Challenges, general or special court-martial, see section 841 of this title.
Counsel, right to before general or special court-martial, see section 838 of this title.
Evidence, courts-martial-
Depositions, see section 849 of this title.
Opportunity to obtain witnesses and other evidence, see section 846 of this title.
Refusal of witnesses to appear or testify, see section 847 of this title.
Judge Advocate Generals of the Army and Air Force to receive, revise, and have recorded proceedings of courts of inquiry, see sections 3037, 8072 of this title.
Military judge of general court-martial, see section 826 of this title.
Oaths, administration of; notary, general powers of, see section 936 of this title.
Oaths, general and special courts-martial, see section 842 of this title.
Persons authorized to convene general courts-martial, see section 822 of this title.
Records of courts of inquiry, admissibility, see section 850 of this title.