# Title 37 — Military

## Chapter 37-09 — Military Courts

### § 37-09-01. Military courts.

The military courts of this state for the national guard are:
1. General courts-martial.
2. Special courts-martial.
3. Summary courts-martial.
### § 37-09-02. Powers and procedure of military courts.

The military courts of this state must be constituted the same, have cognizance of the same
subjects, and shall possess the same powers, except as to punishment, as similar courts
provided for by the laws and regulations governing the army of the United States. The
proceedings of courts-martial of the national guard must follow the forms and modes of
procedure prescribed in the Manual for Courts-Martial, United States, 1984 (1998 edition).
### § 37-09-03. Court of inquiry - How constituted - Duties.

Repealed by S.L. 1999, ch. 322, § 11.
### § 37-09-04. General courts-martial - Convening - Powers.

A general court-martial may be convened by order of the governor or the adjutant general.
Such court may sentence any member to:
1. A fine not exceeding five hundred dollars for a single offense;
2. Forfeiture of pay and allowances of not more than five hundred dollars for a single
offense;
3. A reprimand;
4. Dismissal or bad conduct discharge, or dishonorable discharge;
5. Reduction of an enlisted member to any lower rank;
6. Confinement of not more than one hundred eighty days; or
7. Any combination of these punishments.
### § 37-09-05. Special courts-martial - Appointment - Jurisdiction - Punishment.

The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post,
camp, or other place, or of any brigade, regiment, detached battalion, or other detached
command, may appoint special courts-martial for the officer's command. A special court-martial
may be appointed in any case by a superior authority when it is deemed desirable by the
superior authority. A special court-martial may try any person, except a commissioned officer,
subject to the military law, for any crime or offense made punishable by the military laws of the
United States, and has the same powers of punishment as a general court-martial except that
fines imposed by a special court-martial may not exceed three hundred dollars and a sentence
of confinement may not exceed one hundred days. A bad conduct discharge may not be
adjudged unless a complete record of the proceedings and testimony has been made, counsel
was detailed to represent the accused, and a military judge was detailed to the trial.
### § 37-09-06. Summary courts-martial - Appointment - Powers - Proceedings.

The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post, or
other place, or of any regiment, corps, detached battalion, company, or other detachment, may
appoint for such place or command a summary court to consist of one officer, who shall have
power to administer oaths and to try the enlisted members of such place or command for
breaches of discipline and violations of laws governing such organization. Such court, when
satisfied of the guilt of a soldier, may:
1. Impose a fine in an amount not exceeding two hundred dollars for any single offense;
2. Sentence an enlisted member to reduction to the ranks;
3. Sentence an enlisted member to forfeiture of pay and allowances not to exceed two
hundred dollars for a single offense; or

4. Any combination of these punishments.
The proceedings of such court must be informal, and the minutes of the court must be the same
as those prescribed for summary courts of the United States army.
### § 37-09-07. Accused may be admitted to bond.

The presiding officer of a military court may accept a bond for the delivery of the accused
upon demand after the final action of the court, and even after the jurisdiction of such court
terminates the presiding officer may accept a bond pending the action of the reviewing authority.
Such bond, however, may not be less than twice the amount of the maximum sentence which
may be imposed for the charge when expressed in terms of fine or forfeiture.
### § 37-09-08. Commitment to prison or jail pending trial - Bail allowed.

Whenever an accused person has been arrested for failure to appear before a court-martial
for trial as provided in this chapter, the president of the court-martial or the summary court
officer to whom the charges have been referred for trial may issue a warrant to a civil officer for
the commitment of such person to prison or jail pending trial. In all such cases, the accused
must be admitted to bail, the amount of bail fixed, and the surety or sureties thereon approved
by the president of the court-martial or by the summary court officer issuing the warrant. In
default of bail, such person must be confined pending trial.
### § 37-09-09. Powers of president of court-martial and summary court officer.

A president of a court-martial and a summary court officer may:
1. Issue subpoenas.
2. Enforce the attendance of witnesses and the production of books and papers.
### § 37-09-10. Fines collected remitted to state treasurer - Credited to general fund of

national guard.
All fines imposed by a sentence of a military court must be collected by the presiding officer
and remitted to the adjutant general without delay. The adjutant general shall remit them to the
state treasurer immediately with a statement of the sources from which they were collected. All
sums collected as fines must be credited to the general fund for the maintenance of the national
guard.
### § 37-09-11. Courts-martial sentencing to confinement in lieu of fines - Limitations.

All courts-martial, including summary courts, may sentence to confinement in lieu of fines
authorized to be imposed. Such sentences of confinement, however, may not exceed one day
for each dollar of fine authorized.
### § 37-09-12. Sentence imposing confinement - Execution.

Any portion of a sentence imposed by a military court that prescribes confinement must be
executed in such facility as the reviewing authority may direct. The expenses of such
confinement must be borne by the state of North Dakota. A commitment in writing must be
executed by the presiding officer of the court to the sheriff or jailer where temporary restraint is
deemed necessary, but if the confinement is the result of the confirmed action of the reviewing
authority, an official copy of the order publishing the sentence of the court must be furnished to
the sheriff or jailer.
### § 37-09-13. Limitations on peacetime sentence of court-martial - Alternatives in

complying with sentence.
Repealed by S.L. 1999, ch. 322, § 11.
### § 37-09-14. Sentence of court-martial to be approved.

A sentence of any court-martial is not effective until approved by the convening authority. A
sentence of dismissal from the service or dishonorable discharge imposed by a court-martial
may not be executed until approved by the governor.

### § 37-09-15. Warrant may be issued by a president of a court-martial and a summary

court officer.
A president of a court-martial and a summary court officer may issue a warrant to arrest an
accused person and to bring that person before the court for trial whenever that person has
disobeyed an order in writing from the convening authority to appear before such court, a copy
of the charge or charges having been delivered to the accused with such order. A president of a
court-martial and a summary court officer may issue a warrant for the arrest and confinement of
a convicted person, and any other warrant, writ, or process which may be necessary to enable
any such court to carry into full effect the powers vested in it by the laws of the United States
and of this state.
### § 37-09-16. Process, writs, and warrants of military courts - Form - Directed to and

executed by civil officers.
The process, writs, and warrants of the military courts of this state must be similar in form to
like process, writs, and warrants issued by civil courts or in such form as the governor may
prescribe from time to time in regulations the governor issues. A process, writ, or warrant must
be directed to, and executed or served by, any sheriff, member of the state highway patrol, or
any peace officer of any county or municipality, and the officer to whom the same is directed
shall serve or execute the same in the same manner and to the same extent as a corresponding
instrument of a civil court is served or executed and shall make return thereof to the officer who
issued the process, writ, or warrant, as the case may be.
### § 37-09-17. Keeper of municipal or county jails to receive persons committed by

military court.
The keeper of any municipal or county jail shall receive persons committed to the keeper by
a military court, and shall confine them in accordance with the direction and sentence of said
court.
### § 37-09-18. Witness and reporter fees.

Any witness subpoenaed to appear before any military court shall receive the same fees as
are provided by law for a witness appearing in a civil court. The reporter of any military court
must be paid the same fees for stenographic services as are provided by law for similar services
in civil courts.
### § 37-09-19. Fees of civil officers - Levy, disbursement, and record of costs.

Fees for services of civil officers performed under the provisions of this chapter must be the
same as are provided by law for services of civil officers in civil courts. Costs must be levied and
disbursed by the court. Records of all levies and disbursements must be kept in the
headquarters of the organization concerned.
### § 37-09-20. Manner of paying witness fees and court costs.

All witness fees and court costs incident to or the result of the operation of a military tribunal
must be paid by the state treasurer from the general funds available upon appropriate voucher
submitted through the channels of the adjutant general's office, after approval by the adjutant
general and the governor.
### § 37-09-21. Action for damages does not lie against member of military court or person

complying with order thereof.
No action or proceeding for damages may be prosecuted or maintained against a member
of a military court, nor against any person acting under its authority or reviewing its proceedings,
on account of the approval, imposition, or collection of any fine or other penalty or on account of
the execution of any warrant, writ, or other process of a military court.
