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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) The military courts of this state are general courts-martial, special courts-martial and summary courts-martial, and are constituted and have cognizance of the same subjects and possess like powers as similar courts provided by the laws and regulations governing the armed forces of the United States, as limited by federal law and regulations applying to the national guard not in federal service. The court shall, as far as practicable, follow the forms and modes of procedure prescribed for the similar courts except that the word “governor” shall be substituted for the word “president” whenever appearing in those laws and regulations. The prosecution in a general, special or summary courts-martial of the militia of this state shall be in the name of the state. The adjutant general shall promulgate or publish rules and regulations covering military courts not inconsistent with the constitution and laws of this state.
(b) To the extent its provisions are not inconsistent with this chapter, the punitive articles of the Uniform Code of Military Justice in effect at the time of an offense are adopted by the state of Wyoming and shall apply to any member when in a state duty status, including a status under title 32, United States Code, or active state service status in the same manner as the Uniform Code of Military Justice applies when the member is in active federal service.
(c) Proceedings under this article shall follow procedures for state criminal courts except as modified by this article or by any rules promulgated under this article.
(d) The maximum punishment that may be imposed by any court-martial shall not exceed the sentence authorized for that or a similar offense in the punitive articles of the Uniform Code of Military Justice unless otherwise specified in this article.
(e) This article applies territorially and extraterritorially to all persons in the military forces of the state when not subject to the Uniform Code of Military Justice and while in a duty status or during a period of time when the member was under lawful order to be in a duty status. The processing charges and all proceedings, including trial, may be conducted without regard to the duty status of the accused.
(f) Military defense counsel shall be appointed for any accused pursuant to promulgated rules. Counsel shall be authorized to practice law in Wyoming and a member in good standing of the bar of the highest court of any state in the United States, admitted to practice in any federal court of the United States or hold a current position as military judge advocate.
(g) Sentencing in any court-martial shall for any case under this article be by the presiding judge or summary court officer.
Cite this article: FindLaw.com - Wyoming Statutes Title 19. Defense Forces and Affairs § 19-12-101. Military courts generally - last updated January 01, 2024 | https://codes.findlaw.com/wy/title-19-defense-forces-and-affairs/wy-st-sect-19-12-101/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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