(a) The Governor or any person designated by him may motu proprio or upon petition of interested party convene a court-martial to investigate any matter.
(b) A court of inquiry shall consist of three or more commissioned officers to be presided over by the officer of higher rank. There shall be in each court, without being part of same, a legal counsel appointed by the convening authority. The president shall have in his charge the direction of the proceedings and works of the court of inquiry.
(c) Any person subject to the provisions of this Code whose conduct is subject to inquiry shall be designated as a “party”. Any person subject to the provisions of this Code who has a direct interest in the subject of inquiry has the right to be designated as a “party” upon request of the court. Any person designated as a “party” shall be given due notice and has the right to be present in the investigation, to be represented by counsel, to cross-examine witnesses and to introduce evidence.
(d) Any member of a court of inquiry may be challenged by a party, but only for good reasons.
(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f) The courts of inquiry shall have the same powers granted to the courts-martial to compel witnesses to appear and testify.
(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. Said record shall be sent to the convening authority. If the record cannot be authenticated by the president or counsel, it shall be signed by a member of the court.
History —June 23, 1969, No. 62, p. 117, § 1400, eff. 90 days after June 23, 1969.