Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 39. Table of Contents]
39-1-1 Militia - How constituted - Persons exempted.
(1) All able-bodied citizens, and all able-bodied persons of foreign birth who have declared their intention to become citizens, who are 18 years of age or older and younger than 45 years of age, who are residents of this state, constitute the militia, subject to the following exemptions:
(a) persons exempted by laws of the United States;
(b) persons exempted by the laws of this state;
(c) all persons who have been honorably discharged from the army, air force, navy, or volunteer forces of the United States;
(d) active members of any regularly organized fire or police department in any city or town, but no member of the active militia is relieved from duty because of his joining any volunteer fire company or department;
(e) judges and clerks of courts of record, state and county civil officers holding office by election, state officers appointed by the governor for a specified term of office, ministers of the gospel, practicing physicians, superintendents, officers and assistants of hospitals, prisons and jails, conductors, brakemen, flagmen, engineers and firemen of railways, and all other employees of railways actually employed in train service; and
(f) idiots, lunatics, and persons convicted of infamous crime.
(2) All exempted persons, except those enumerated in Subsections
(a) through (f), are liable to military duty in case of war,
insurrection, invasion, tumult, riot, or public disaster,
or imminent danger of any of these, or after they have voluntarily
enlisted in the National Guard of this state.
1989
39-1-2 Militia divided into two parts.
(1) The militia of this state shall be divided into two parts: the National Guard and the unorganized militia.
(2) The National Guard shall consist of:
(a) a joint forces headquarters commanded by the adjutant general and authorized a general officer as deputy commander;
(b) a department for army commanded by a general officer; and
(c) a department for air commanded by a general officer.
(3) The numerical strength, composition, distribution, organization, arms, uniforms, equipment, training and discipline of the National Guard shall be prescribed by the governor in conformity with the laws and regulations of the United States and the laws of this state.
(4) The unorganized militia shall consist of all members
of the militia not members of the National Guard.
2005
39-1-3 Governor commander in chief - Powers and duties.
The governor by virtue of his office shall be commander
in chief of the National Guard and of the unorganized militia,
and of any portions of the unorganized militia which may
hereafter be organized. He shall be empowered and authorized
to issue all such orders, rules and regulations necessary
to conform the Utah National Guard to Title 32 of the United
States Code in its organization, government, discipline,
maintenance, training, equipment, and regulations. He shall
appoint and commission all officers and select all warrant
officers, subject to the provisions of Title 32 of the United
State Code; provided, that any such appointee failing to
receive federal recognition after having been so notified
by the National Guard Bureau, shall revert to status occupied
before such appointment. He shall determine and fix the home
station and location of the various units of the Utah National
Guard. He shall provide armories, warehouses, maintenance
and repair shops, hangars, small arms, artillery and aircraft
ranges, campsites, concentration areas, training facilities,
military reservations and arsenals as required for organizations
of the Utah National Guard; and shall furnish suitable offices,
or office space for regular army personnel assigned to duties
with the Utah National Guard; the expenses of which may be
paid out of the state military appropriations.
1989
39-1-4 Staff of commander in chief.
(1) The staff of the commander in chief shall consist of the adjutant general, the deputy commander of the joint forces headquarters, assistant adjutant general for army and the assistant adjutant general for air and any other members chosen from the officers of the Utah National Guard or active officers of the United States Armed Forces detailed on duty with the militia of the state.
(2) The adjutant general and one other general officer
shall serve with pay from the state.
2005
39-1-5 Governor may call guard into active service - Authority.
(1) The governor may order into active service the National Guard or the unorganized militia or portions of either as he finds necessary.
(2) If it is necessary to order into active service any
members of the unorganized militia, the governor may adopt
methods he finds most expedient for that purpose, and may
prescribe and enforce uniform rules for the conduct of drafts,
appoint all officers necessary, and fix the amount of their
pay, not to exceed the rate of pay prescribed for the National
Guard.
1988
39-1-7 Muster of unorganized militia.
Members of the unorganized militia called into the service
of this state shall be mustered into service for such a period,
not to exceed the period of one enlistment in the National
Guard, as the governor shall deem necessary. Militia so mustered
into service shall be organized into units as provided by
the rules and regulations governing the regular army of the
United States, or as otherwise provided by law.
1953
39-1-8 Governor may proclaim martial law.
Whenever the militia or any portion thereof, is called
into active service, the governor may, by proclamation, declare
all or any part of any county, city or town in which the
troops are serving to be under martial law, and when the
militia shall be on active service as herein provided, the
commanding officer thereof and his subordinates may cooperate
with the civil authorities or take entire charge of the situation
as in the judgment of the commanding officer the exigencies
of the case may require.
1953
39-1-9 National Guard subject to call by United States.
(1) The National Guard of this state is at all times subject to the call of the President of the United States. When called into the service of the United States, it is governed by the applicable laws and military regulations of the United States.
(2) The National Guard and its members shall attend drills,
encampments, and maneuvers as the president directs.
1988
39-1-10 Unorganized militia in service, how governed.
All unorganized militia called into service shall be governed
as herein provided for the National Guard, unless otherwise
provided by law.
1953
39-1-12 Adjutant general - Appointment - Term - Duties.
(1) (a) There shall be one adjutant general appointed by the governor. The adjutant general is chief of staff and holds office for a term of six years, unless terminated by resignation, disability, or for cause as determined by a military court or court-martial.
(b) The person appointed to the office shall be a citizen of Utah and meet the requirements provided in Title 32, United States Code. He shall be a federally recognized commissioned officer of the National Guard of the United States with no fewer than ten years commissioned service in the Utah National Guard. Active service in the armed forces of the United States may be included in this requirement, if the officer was a member of the Utah National Guard when he entered that service. An officer is no longer eligible to hold the office of adjutant general after becoming 64 years of age.
(2) (a) He shall perform duties as are imposed by the laws of this state and the United States, and by the regulations of the Department of Defense of the United States. However, if any duties imposed by the statutes of this state at any later time conflict with those imposed by the laws of the United States, the duties imposed by the statutes of this state, as far as they conflict, are abrogated.
(b) He shall keep rosters of all active, inactive, and retired officers and enlisted men of the National Guard and shall keep in his office all records, orders, regulations, and papers pertaining to the National Guard and the militia of this state. He shall, when he considers it necessary, at the expense of the state purchase or cause to be printed, and issue to members of the National Guard or other persons, copies of the military law, the various orders of the Department of Defense of the United States, and other literature he considers best for the interests of the service.
(c) He shall cause to be prepared all blanks, books, forms, and reports necessary to carry out the provisions of this chapter. The blanks or forms shall be as identical as possible to those required by the Department of Defense of the United States for use by the regular army or National Guard.
(d) He has, under the direction of the State Armory Board, supervision and charge of all the armories, warehouses, maintenance and repair shops, hangars, small-arms, artillery and aircraft ranges, campsites, concentration areas, lands, training facilities, and military reservations necessary to the military functions of this state. He is responsible for the protection and safety thereof and shall make rules for the maintenance of order, for the enforcement of rules as may be ordered for the operation and the repair, care, and preservation of the facilities and installations belonging to or leased by the state. He may make further improvement as the good of the service requires.
(e) He shall oversee the operations of the Division of Veterans' Affairs created in Section 71-8-2 .
(f) He shall cause to be prepared all blanks, books, forms, notices, and reports to carry out the provisions of the military laws of this state. The blanks, books, forms, notices, and reports shall be as identical as possible to those required by the Department of Defense for use by the Armed Forces of the United States.
(g) He shall make and transmit to the federal government the returns required by the laws of the United States and submit to the governor a certified copy. He shall superintend the preparation of all returns and reports required by the United States from Utah on military matters.
(h) He shall act as agent for all active, inactive, or retired members of the National Guard having claims against the United States for pensions, bounty, back pay, or disability arising from any war, federal service, or training. He shall handle the claims without charge.
(i) He shall, on or before January 1 next preceding the
general session of the Legislature, make a full and detailed
report to the governor of all transactions of his office,
including related expenses, for the preceding year and shall
report at other times and on other matters as the governor
requires or as he considers advisable.
2000
39-1-12.5 Convening authority for military court.
(1) The governor or the adjutant general of the state is the convening authority for any military court in the state, and upon receipt of charges, as outlined in the Utah Manual for Military Courts, may:
(a) dismiss any charges;
(b) forward charges to a subordinate commander for disposition; or
(c) refer charges to a military court for trial.
(2) The military court shall be convened under the Utah
Manual for Military Courts.
1993
39-1-13 Adjutant general - As disbursing and property officer.
The adjutant general shall be the disbursing and property
officer for the state, expending state funds allocated to
the National Guard through the Division of Finance according
to established procedures.
1989
39-1-14 Adjutant general - Drawing vouchers for property damage.
The adjutant general shall, with the approval of the governor,
draw vouchers on the state appropriation for the National
Guard, payable to the United States, to cover any damage
to the United States property charged to the state, when
such damage shall have been properly adjudged to be payable
by the state.
1953
39-1-15 Adjutant general - Disposition of unserviceable property.
All military property of the state, which after proper
inspection shall be found unserviceable, shall, under the
direction of the governor, be disposed of by the adjutant
general at public or private sale as he may deem advisable;
provided, that where such property shall be deemed by the
inspecting officer to exceed $50 in value, such sale shall
be made after ten days' notice in a newspaper published in
the county where such sale is to be made; and if such unserviceable
property shall be found by the inspecting officer to be of
no actual value, it shall be destroyed under the direction
of the adjutant general.
1953
39-1-16 Adjutant general - Rendering accounts.
The adjutant general shall from time to time, render a
true account to the governor of the sales made by him, and,
under the direction of the governor, expend the proceeds
of the same for other military property.
1953
39-1-17 Adjutant general - Custodian of military trophies.
The adjutant general shall have charge of, and shall carefully
preserve, the colors, flags, guidons and military trophies
of war belonging to the state, and shall not allow the same
to be loaned out or removed from their proper places of deposit,
and shall also be the custodian of and preserve all military
documents and records of every nature, which may be placed
in his charge, relating to the Indian wars within the state
or wars in which the United States has participated.
1953
39-1-18 Joint forces headquarters deputy commander - Assistant adjutant general for the army - Assistant adjutant general for air - Officer for permanent duty as personnel officer.
(1) There is authorized a joint forces headquarters deputy commander.
(a) The adjutant general, with the approval of the governor, may detail the joint forces headquarters deputy commander.
(b) The deputy commander of the joint forces headquarters shall be a field grade federally recognized commissioned officer of the Utah National Guard with not less than five years military service in the armed forces of the state or of the United States, at least three of which shall have been commissioned in the Utah National Guard. The officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all of his time during office hours of the military department to the duties of the office.
(2) There is authorized an assistant adjutant general for the army and an assistant adjutant general for air.
(a) The adjutant general with the approval of the governor may detail the assistant adjutant general for the army or the assistant adjutant general for air for permanent duty.
(b) The assistant adjutant general for the army and the assistant adjutant general for air shall be federally recognized field grade commissioned officers of the Utah National Guard with not less than five years military service in the armed forces of the state or of the United States, at least three of which shall have been commissioned in the Utah National Guard. The officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all of his time during office hours of the military department to the duties of the office.
(3) The adjutant general, with the approval of the governor, may detail one officer of the Utah National Guard for permanent duty as the personnel officer.
(a) The officer shall be a federally recognized commissioned officer, or former federally recognized commissioned officer, of the Utah National Guard with not less than three years military service in the armed forces of the state or of the United States, one of which shall have been commissioned in the Utah National Guard.
(b) The officer shall hold office at the pleasure of the adjutant general.
(c) The duties of the personnel officer shall be as the adjutant general may direct, to include the normal duty of the staff G-1.
(d) The officer shall devote all of his time during the
office hours of the military department to the duties of
the office.
2005
39-1-19 Clerical assistance.
The adjutant general may employ such clerical assistance
as shall be necessary to perform the duties of his office
and such clerical assistance shall also be available for
use in any state office held by the adjutant general.
1953
39-1-21 Adjutant general - Salary - Bond.
The adjutant general shall receive a salary established
by the governor within the salary range fixed by the Legislature
in Title 67, Chapter 22, State Officer Compensation. He shall
give an official bond to the state in the penal sum of $10,000
to cover all duties imposed and offices conferred by law
or authority on the adjutant general. He shall devote all
of his time during the office hours of the military department
to the duties of his office.
1991
39-1-22 Caretakers.
The adjutant general may when necessary, with the approval
of the governor, employ such custodians, assistants and common
labor as may be necessary to maintain the property, both
state and federal, under his care in a proper state of repair.
1953
39-1-23 Seal of adjutant general.
The seal of the adjutant general shall be circular in
form, containing an inner circle; within the inner circle
shall be a shield with "Utah" impressed thereon, and between
the circles shall be impressed "National Guard, Adjutant
General."
1953
39-1-24 Duties of assistant adjutants general.
(1) The joint forces headquarters deputy commander shall serve in the office of the adjutant general without pay from the state, performing duties assigned him by the adjutant general.
(2) The assistant adjutant general detailed for permanent duty shall serve in the office of the adjutant general, performing duties assigned him by the adjutant general. In the absence or disability of the adjutant general he shall perform the duties of the adjutant general, unless otherwise delegated by the adjutant general to another qualified officer. The assistant adjutant general detailed for permanent duty shall serve with pay from the state.
(3) The assistant adjutant general not detailed for permanent
duty in the office of the adjutant general shall serve without
pay from the state and perform duties assigned him by the
adjutant general.
2005
39-1-25 Property and fiscal officer of the United States for Utah.
The governor shall designate an officer of the National
Guard, subject to the approval of the Department of the Army
or the Department of the Air Force, as property and fiscal
officer of the United States for Utah. Such officer shall
have had actual service in the forces of the United States
or the National Guard, and have knowledge of army or air
administration. Such officer shall receive and account for
all funds and property belonging to the United States in
the possession of the National Guard, and shall make such
returns and reports concerning the same as may be required
by the National Guard Bureau. Such officer shall render,
through the National Guard Bureau, such accounts of federal
funds entrusted to him for disbursement as may be required
by the Treasury Department. Before entering upon the performance
of his duties as property and disbursing officer he shall
be required to give good and substantial bond to the United
States, the amount thereof to be determined by the National
Guard Bureau, for the faithful performance of his duties,
for the safekeeping and proper disbursing of the federal
property and funds entrusted to his care.
1963
39-1-26 Assistant quartermaster-general.
The adjutant general may have an assistant quartermaster-general,
of grade designated by the governor, who shall perform such
duties as may be specified by the adjutant general.
1953
39-1-27 Bonds of accountable officers.
All accountable and/or responsible officers of the militia
shall give good and sufficient bonds to the state of Utah,
in such form and amount as the adjutant general shall determine,
conditioned for the faithful performance of their duties.
If surety-company bond be required to be given, the premium
therefor shall be paid out of the fund appropriated for the
National Guard. The adjutant general may require a new bond
to be given, if in his opinion the surety upon any existing
bond has become insufficient.
1953
39-1-28 Loss of property - Liability.
Whenever it shall have been finally determined in the
manner provided by law or regulation by action of the departments
of the army or the air force, that the loss, damage or destruction
of federal property for which any officer shall be responsible
or accountable shall have been occasioned by or through the
failure of any officer to perform the duties required of
him by law or regulation; or when it shall have been finally
determined, in the case of state property, by the adjutant
general that any state property for which any officer shall
be accountable or responsible shall have been lost, damaged
or destroyed by or through the failure of any officer to
perform the duties required of him by law or regulation,
such determination by the departments of the army or the
air force or adjutant general, as the case may be, shall
be prima facie evidence against such officer and his sureties
of such failure, and the record of such determination, properly
authenticated under the seal of the adjutant general, shall
be admissible in evidence for the purpose of establishing
such failure and such determination in any action against
any officer and/or his sureties.
1963
39-1-29 Organization of National Guard controlled by federal law.
The organization of the National Guard, including the
composition of all units thereof, shall be such as is or
may hereafter be prescribed for this state by federal law.
The location of units including headquarters shall, when
not otherwise prescribed by federal law, be fixed by the
governor on the recommendation of the adjutant general.
1953
39-1-30 Officers of National Guard - Commissions.
(1) All officers of the National Guard shall be appointed by the governor, subject to the approval of the National Guard Bureau, or subject to approval as prescribed by the laws of the United States or related rules or regulations governing the National Guard.
(2) An officer may not be commissioned unless he successfully passes tests, both physical and mental, as prescribed by the National Guard Bureau, and unless he has taken the oath prescribed by the laws of the United States, is a citizen of the United States, and has been selected from one of the following classes:
(a) officers or enlisted members of the National Guard;
(b) officers on the reserve or unassigned list of the National Guard;
(c) officers active or retired;
(d) former officers of the United States Army, Air Force, Navy, Marine Corps, or National Guard;
(e) graduates from the service of the United States military, air, and naval academies, or graduates of schools, colleges, and universities where a course in military science, as prescribed by the National Guard Bureau, is taught under the supervision of an officer of the regular army or regular air force; and
(f) for the technical branches and staff corps or departments, other civilians as are especially qualified for that duty.
(3) However, officers appointed to staff corps or departments,
or other staff positions, including officers of the pay,
inspection, subsistence, and medical departments, shall have
had previous military experience, and hold their positions
until they shall have reached 64 years of age, unless separated
prior to that time by resignation, disability, or for other
causes to be determined by a military court, court-martial,
or other legally organized board convened for that purpose.
Vacancies among these officers shall be filled by appointment
as provided in this section.
1989
39-1-31 Commissions to officers - Relative rank.
Commissions shall be issued under the seal of the adjutant
general, signed by the governor and countersigned by the
adjutant general. They may be vacated in such manner as is
now or shall hereafter be provided by law in regard to commissions
of the regular army or regular air force and the National
Guard of the United States. The relative rank of officers
of the same grade shall be determined by length of service
in that grade, whether continuous or not, and if the length
of service of two or more officers is the same, their rank
shall be determined by lot.
1963
39-1-32 National Guard - Enlistment - Qualifications - Discharge.
Any male between the ages of eighteen and forty-five years,
who is a citizen of the United States or who has declared
his intention to become a citizen, not prohibited by the
laws of the state or of the United States, may be enlisted
in the National Guard, subject to such physical and other
examinations as may be prescribed by the National Guard Bureau.
All persons herein named who shall enlist in the National
Guard shall take and subscribe the oath provided by the laws
of the United States, and upon so doing shall become members
of the National Guard for such period as may be prescribed
by the laws of the United States, unless sooner discharged.
Enlisted men may be discharged as provided by the laws of
the United States and regulations of the National Guard Bureau.
1963
39-1-33 Noncommissioned officers.
The appointment and reduction of noncommissioned officers
shall be made in the same manner as in the regular army or
the regular air force of the United States.
1963
39-1-34 Excuse from drill - Furloughs and leaves of absence.
Unless otherwise provided by the laws of the United States
or the regulations of the National Guard Bureau, the commanding
officer of any troop, battery, group, squadron or other unit
shall have power, for good and sufficient reason, to excuse
members of his organization from attendance at drill; he
shall also have power to grant furloughs and leaves of absence,
by and with the consent of the adjutant general.
1963
39-1-35 State employees in National Guard - Care of dependents when called into service.
If the National Guard of this state is called into the
service of the state, the state shall provide for the dependents
of state employees who are enlisted members of the National
Guard so called into service. The Board of Examiners shall
cause an examination to be made into the merits of all cases
of alleged dependency, and upon finding that any mother,
father, grandfather, grandmother, wife, sister, brother or
child of such member of the National Guard, or any or either
of them, are dependent upon such member for support, the
Board of Examiners shall determine the amount to be paid
by the state to any such dependent, and shall cause the state
auditor to draw his warrant on the state treasurer for such
sum in favor of such specific and determined dependents,
payable out of any amounts available for military purposes
or for the maintenance and support of the National Guard.
If there are not sufficient funds available to pay for the
necessary support of all the dependents determined and specified
by the board of examiners, the funds available shall be prorated
among the dependents specified by the Board of Examiners.
The Board of Examiners in specifying the amounts to be paid
to such dependents may provide for a payment on a weekly
or monthly basis and on such conditions as it may deem best
in each particular case.
1981
39-1-36 Reserve member of armed forces - Leave of absence from employment - Liability of employers.
(1) Any member of a reserve component of the armed forces of the United States who pursuant to military orders enters active duty, active duty for training, inactive duty training, or state active duty shall upon request be granted a leave of absence from employment, but for no more than five years.
(2) Upon satisfactory release from the training or from hospitalization incidental to the training, the member shall be permitted to return to the prior employment with the seniority, status, pay, and vacation the member would have had as an employee if he had not been absent for military purposes.
(3) Any employer who willfully deprives an employee who
is absent as a member under Subsection (1) of any of the
benefits under Subsection (2) or discriminates in hiring
for any employment position, public or private, based on
membership in any reserve component of the armed forces,
is guilty of a class B misdemeanor.
1989
39-1-37 Military duties.
Participation in public ceremonies and parades and other
duties in the service of the state shall be deemed military
duties of the National Guard, and when participated in by
the National Guard, or any portion thereof, under instructions
of the commander in chief, the expenses and pay incident
to the service of the state shall be allowed by the proper
auditing officers from the state appropriation for the support
of the militia.
1953
39-1-38 Regulations and forms.
The commander in chief may establish and prescribe regulations
and forms not inconsistent with law, or regulations governing
the National Guard promulgated by the President of the United
States, as he considers proper for the use, government, and
instruction of the National Guard, and to carry into full
effect the provisions of related law. The regulations and
forms shall be revised as necessary, and shall be promulgated
in orders and compiled as advisable for the information of
the National Guard.
1988
39-1-38.5 Utah Manual for Military Courts to be issued - Military court jurisdiction.
(1) The adjutant general shall issue a Utah Manual for Military Courts that includes the Utah Code of Military Justice, and shall set forth the procedures, authority, and organization for convening a military court in the state, conducting a pretrial investigation, and conducting post-conviction military court and appellate processes.
(2) The military court shall have jurisdiction of misdemeanors and infractions. Each offense shall be punishable by incarceration in a county jail for no longer than one year, a fine of not more than $2,500, forfeiture of pay of not more than $2,500, detention of pay equivalent to three months' pay for a period not to exceed one year, arrest in quarters for officers, restriction to specified limits for enlisted members, extra duty for not more than 60 consecutive days, reprimands, reduction of enlisted members to the lowest enlisted grade, a bad conduct discharge for enlisted members or dismissal for officers, or any combination of these.
(3) (a) The military court may order any person adjudged guilty of a criminal activity to make restitution to any person or entity injured as a result of the criminal activity.
(b) "Criminal activity" means any offense under Title 39, Chapter 1 or 6, of which the defendant is convicted or any other criminal conduct for which the defendant admits responsibility to the sentencing court with or without admission of committing the criminal conduct.
(4) The military court may:
(a) suspend any portion of its sentence and impose conditions of probation;
(b) revoke suspension; or
(c) issue any orders necessary under Section 39-6-61 to execute any portion of the sentence that has been suspended.
(5) The military court may not impose combined forms of
punishment that exceed confinement for a period of one year
or a fine of $2,500. This sentencing limitation does not
apply to restitution ordered by the military court.
1996
39-1-39 Orders for duty - How served.
(1) Orders for duty may be oral or written. Written orders shall be promulgated by the governor or the adjutant general.
(2) Officers and enlisted members may be ordered for duty by:
(a) stating the substance of the order;
(b) reading the order to the person ordered;
(c) delivering a copy of the order to the person;
(d) leaving a copy at his last-known place of abode or business; or
(e) mailing it to the nearest post office.
(3) The order may be given by an officer or noncommissioned officer.
(4) If any enlisted member ordered to duty fails to appear
for duty, the officer or noncommissioned officer giving notice
or order shall make a return containing the name of the person
ordered and the time, place, and manner of the order, if
required by the officer issuing the order. The return may
be verified by his oath, which may be administered by any
commanding officer. The verified returns are evidence of
the facts stated in the return on the trial of any person.
1989
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 also be referred to as the UCMJ.
(2) The UCMJ sets forth offenses which, if committed by personnel of the Utah National Guard serving under this title or Title 32, United States Code, are punishable as the Utah Military Court 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 the governor or the adjutant general. Judges of the court may issue summons, executions, and other process. 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 district court 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 incurred by 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 Military Court, is under orders issued by the adjutant general, and is limited to attorneys who are members of 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 to represent him before the Utah Military Court.
(9) The Utah Military Court may impose fines not exceeding $2,500, restitution to victims, statutory surcharges, and may issue all writs and judgments for the execution of any of them.
(10) When consistent with the Utah Manual for Military
Courts, the Utah Rules of Criminal Procedure apply in Utah
Military Courts.
1996
39-1-41 Discharge or dismissal.
A sentence of dismissal from the service or discharge
imposed by a military court may not be executed until reviewed
by the state staff judge advocate and until approved by the
governor.
1988
39-1-41.5 Authority of military court judges - Payment of witnesses.
(1) Judges of military courts may:
(a) issue a warrant to arrest an accused person and bring him before the court for trial, when the person has failed to obey a prior summons to appear before the court, and a copy of the charge or information has been delivered to the accused with the summons;
(b) issue subpoenas and subpoenas duces tecum, and enforce by attachment the attendance of witnesses and the production of books and papers;
(c) sentence for a refusal to be sworn or to answer as provided in actions before civil courts; and
(d) issue process in any county within the state.
(2) Witnesses shall be paid in the same manner as in district
courts.
1996
39-1-44 Members of military courts exempt from liability.
No action or proceeding shall be prosecuted or maintained
against a member of a military court or officer, or person
acting under its authority or reviewing its proceedings,
on account of the imposition, approval or execution of any
sentence, or the imposition or collection of a fine or penalty,
or the execution of any warrant, writ, execution, process
or mandate of a military court.
1953
39-1-45 Jurisdiction presumed.
The jurisdiction of the courts established by this chapter
shall be presumed, and the burden of proof shall rest on
any person attacking such jurisdiction in any action or proceeding.
1953
39-1-46 Arsenal - Military supplies - Loss.
The governor is hereby authorized to provide an arsenal
for the storage of arms, equipment and military supplies.
Military supplies shall be issued upon requisition of the
officer requiring the same. Military supplies for the respective
organizations shall be issued to and receipted for by the
commanding officer thereof, who shall be responsible to the
state for the care and preservation of the same. Commanding
officers shall be responsible to this state for the money
value of all property issued to them, which may be lost by
reason of carelessness and negligence upon their part.
1953
39-1-47 Military property exempt from civil process.
All military property issued to or owned by members of
the National Guard shall be exempt from all civil process.
1953
39-1-50 Military court - Concurrent prosecutorial jurisdiction with county or district attorney.
(1) The county attorney or district attorney as appropriate under Sections 17-18-1 and 17-18-1.7 of the county where an offense under the Utah Code of Military Justice is committed has concurrent jurisdiction with the Utah Military Court to prosecute the accused person at the expense of the county.
(2) Charges regarding the offense may not be filed in
a military court until the appropriate county attorney or
district attorney has reviewed and declined to prosecute
the offense.
1993
39-1-51 Pay of National Guard members.
When called into the service of the state and not in the
service of the United States, the members of the National
Guard shall receive the same pay and allowance as members
of the regular army or regular air force of like rank and
length of service. In addition to the above pay, officers
and enlisted personnel shall receive one ration per day;
provided, that this state shall make no payments to members
of the National Guard in the case of service for which the
United States government makes payment.
1963
39-1-52 Encampments.
Encampments of the National Guard shall be such as may
be provided for by the National Guard Bureau under authority
of Congress. The cost of maintenance, transportation and
subsistence, and other expenses of such encampments and maneuvers,
shall not be paid by the state, but as provided for by Congress.
1963
39-1-53 Military units not to leave state.
No military unit of the Army or Air National Guard, unless
called into the service of the United States, shall leave
the state with arms and equipment without the consent of
the commander in chief, and any person causing any unit to
so leave the state is guilty of a misdemeanor.
1963
39-1-54 Privilege from arrest or citation - Exceptions.
(1) The members of the National Guard are privileged from arrest or citation by civil authorities during their attendance at drill parades or encampments, or in going to and returning from any of these activities.
(2) This privilege does not extend to arrest or citation for:
(a) treason;
(b) any felony;
(c) breach of the peace;
(d) operation of a vehicle in a reckless manner or while under the influence of any drug or alcohol; or
(e) offenses which under state law are class A misdemeanors
or greater.
1988
39-1-56 Execution of a judgment imposing a fine - Disposition of fines.
(1) (a) When the sentence of a military court includes a fine and the sentence has been approved by the officer ordering the court, the adjutant general shall issue a warrant for the collection of the fine, directed to the sheriff or any constable of the county where the person against whom the fine is imposed resides.
(b) The officer executing the warrant shall collect the fine in the same manner as he is authorized to collect debts in civil suits. He shall make returns to the adjutant general within 20 days after receiving the warrant.
(c) Warrants for the collection of fines imposed by military courts shall be issued by the officer appointing the military court.
(2) All fines collected under this chapter and the regulations
governing the National Guard of the United States shall be
paid to the state treasurer for the credit of the state General
Fund, unless otherwise provided by law.
1989
39-1-58 Vacating officer commissions - Placement of officers in reserves.
(1) Commissions of officers of the National Guard may be vacated upon resignation or absence without leave for three months pursuant to the sentence of a military court.
(2) (a) Officers of the National Guard rendered excess by the disbandment of their organization shall be placed in the National Guard reserve.
(b) Officers may, upon their own application, be placed
in the reserve.
2004
39-1-59 Compensation for injury or death.
If any officer or enlisted person of the National Guard
is wounded, injured, or otherwise disabled, or is killed
or dies of wounds or injuries received while serving on state
active duty, under orders of competent authority and not
as a result of his own misconduct, the person, the surviving
spouse, children, or any dependent relatives, shall receive
from the state relief as the Legislature determines. However,
in these cases the member, surviving spouse, children, or
any dependent relatives, upon investigation by a board of
inquiry appointed by the commander in chief, the findings
and recommendations of which shall be filed with the state
auditor for the action of the Board of Examiners, shall receive
temporary compensation from the state, out of funds appropriated
for the maintenance of the National Guard, as determined
by the Board of Examiners until the next regular session
of the Legislature. This compensation may not exceed the
rates of pay provided for officers and enlisted persons in
this chapter.
1988
39-1-60 Laws and regulations of United States control.
(1) The National Guard of this state, the Utah State Defense Force serving under Title 39, Chapter 4, and the unorganized militia are at all times subject to the laws and military regulations of the United States governing them, while serving under Title 32, United States Code and the laws and military rules of the state.
(2) The governor may make rules as necessary to make the
laws and military regulations of the United States effective
within the state.
1988
39-1-62 Group life insurance for members of National Guard.
The lives of a group comprised solely of members of the Utah National Guard may be insured under a policy of group life insurance issued to an association of such members formed for purposes other than obtaining insurance. This association is deemed the policyholder, to insure members of the Utah National Guard for the benefit of persons other than the association or any of its officials, subject to the following requirements:
(1) The premium for the policy shall be paid by the policyholder, either from the association's own funds, or from charges collected from the insured members specifically for the insurance.
(2) No policy may be placed in force unless at least 60% of the members of the association, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, have elected to be covered.
(3) The amounts of insurance under the policy shall be based upon some plan precluding individual selection either by the members or by the association. Such amounts may not exceed $100,000 in the case of any member.
(4) Such insurance policy shall conform to the provisions
of the Insurance Code in so far as such code is not inconsistent
with the provisions of this section.
1983
39-1-63 Tuition assistance for National Guard members - Use and allocation - Appropriation.
(1) The Utah National Guard may provide tuition assistance to members for study at postsecondary institutions of learning, including Applied Technology Centers, subject to the following requirements:
(a) The individual must be, at the time he or she receives the assistance, an active member of the Utah National Guard.
(b) The assistance is for tuition only and shall be not more than the resident tuition for the actual course of postsecondary study engaged in by the individual.
(2) Tuition assistance shall be awarded for each academic year. Students may apply to the adjutant general for assistance for each year during which he or she is an active member of the Utah National Guard. In awarding assistance, the adjutant general shall consider the recruitment and retention needs of the National Guard.
(3) Tuition assistance is to be paid by the adjutant general of the state directly to the institutions involved from the funds appropriated.
(4) The adjutant general of the state shall establish regulations, procedures, forms, and reports necessary to administer the allocation of assistance and payment of funds under this section.
(5) The adjutant general shall include a request each year for funds for this program in the annual budget for the National Guard.
(6) A person who transfers from the Select Reserve to
the National Guard is not eligible for the tuition assistance
in this section for one year from the date of transfer.
1998
39-1-64 Extension of licenses for members of National Guard and reservists.
(1) As used in this section, "license" means any license issued under:
(a) Title 58, Occupations and Professions; and
(b) Section 26-8a-302 .
(2) Any license held by a member of the National Guard or reserve component of the armed forces that expires while the member is on active duty shall be extended until 90 days after the member is discharged from active duty status.
(3) The licensing agency shall renew a license extended under Subsection (2) until the next date that the license expires or for the period that the license is normally issued, at no cost to the member of the National Guard or reserve component of the armed forces if all of the following conditions are met:
(a) the National Guard member or reservist requests renewal of the license within 90 days after being discharged;
(b) the National Guard member or reservist provides the licensing agency with a copy of the member's or reservist's official orders calling the member or reservist to active duty, and official orders discharging the member or reservist from active duty; and
(c) the National Guard member or reservist meets all the requirements necessary for the renewal of the license, except the member or reservist need not meet the requirements, if any, that relate to continuing education or training.
(4) The provisions of this section do not apply to regularly
scheduled annual training.
2004
