La. Admin. Code tit. 41 § II-314

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-314 - Courts of Inquiry

A. General. A court of inquiry is a formal, fact-finding tribunal authorized by LCMJ Article 135. It may be convened by the Governor to investigate any matter of concern to the Louisiana National Guard whether or not the persons involved have requested such an inquiry.

B. Policy. LANG policy is that a court of inquiry will not be convened to investigate a particular matter to ascertain the facts if there are other satisfactory means available (prescribed by law or regulation or authorized by the customs of the service). Under this policy, it is proper to convene a court of inquiry only when-

1. The matter to be investigated is one of grave importance to the Louisiana National Guard or an individual.

2. The testimony is expected to be so diverse, complicated, conflicting, or difficult to obtain that a court of inquiry can best:

a. procure the pertinent evidence;

b. ascertain the true facts; and/or

c. assist the convening or superior authority in determining what action should be taken.

3. Procedures. The procedures applicable to courts of inquiry shall parallel those prescribed in active component regulations, except as otherwise specifically set forth in LCMJ 135 or necessitated by the peculiar nature of the Louisiana National Guard. [See AR 27-10, Chapter 10.] Counsel appointed to advise a court of inquiry shall advise the president on issues of procedural and substantive law, and the president's ruling on such issues shall be binding on the court and all participants.

La. Admin. Code tit. 41, § II-314

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2359 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).