26-1135. Courts of inquiry

A. Courts of inquiry may be convened to investigate any matter by any person authorized to convene a general court-martial or by any other person designated by the adjutant general for that purpose, whether or not the persons involved have requested such an inquiry.

B. A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.

C. Any person who is subject to this chapter and whose conduct is subject to inquiry shall be designated as a party. Any person who is subject to this chapter and who has a direct interest in the subject of inquiry may be designated as a party on request to the court. Any person designated as a party shall be given due notice and may be present, may be represented by counsel, may cross-examine witnesses and may introduce evidence.

D. Members of a court of inquiry may be challenged by a party but only for cause stated to the court.

E. The members, counsel, reporter and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

F. Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

G. Courts of inquiry shall make findings of fact but shall 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 findings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.