39-1-40.5 - Utah Code of Military Justice -- Procedures -- Jurisdiction. - Utah Statutes

39-1-40.5. Utah Code of Military Justice -- Procedures -- Jurisdiction.
(1) Title 39, Chapter 6, is adopted as the Utah Code of Military Justice, which may alsobe referred to as the UCMJ.
(2) The UCMJ sets forth offenses which, if committed by personnel of the Utah NationalGuard serving under this title or Title 32, United States Code, are punishable as the Utah MilitaryCourt directs under regulations made and published under the UCMJ.
(3) The Utah Military Court is a court of the state, convened under orders issued by thegovernor or the adjutant general. Judges of the court may issue summons, executions, and otherprocess. The process shall be served by county sheriffs, at the expense of the state.
(4) Judgments for fines or forfeitures may be docketed in the same manner as districtcourt judgments in each county, and without costs.
(5) Appeals shall be taken to the Court of Appeals.
(6) Sentences of the Utah Military Court shall be served in a county jail. Costs incurredby the county shall be paid out of the General Fund of the state.
(7) Certification as counsel for prosecution or defense, or as a judge of the Utah MilitaryCourt, is under orders issued by the adjutant general, and is limited to attorneys who are membersof the Utah State Bar and are serving as judge advocates in the Utah National Guard.
(8) A defendant may retain, at no cost to the state or National Guard, civilian counsel torepresent him before the Utah Military Court.
(9) The Utah Military Court may impose fines not exceeding $2,500, restitution tovictims, statutory surcharges, and may issue all writs and judgments for the execution of any ofthem.
(10) When consistent with the Utah Manual for Military Courts, the Utah Rules ofCriminal Procedure apply in Utah Military Courts.

Amended by Chapter 198, 1996 General Session