WVC 15 - 1 E- 37
§15-1E-37. Unlawfully influencing action of court.
(a) No authority convening a general, special, or summary
court-martial, nor any other commanding officer, or officer serving
on the staff thereof, may censure, reprimand, or admonish the court
or any member, the military judge, or counsel thereof, with respect
to the findings or sentence adjudged by the court or with respect
to any other exercise of its or their functions in the conduct of
the proceedings. No person subject to this article may attempt to
coerce or, by any unauthorized means, influence the action of a
court-martial or court of inquiry or any member thereof, in
reaching the findings or sentence in any case, or the action of any
convening, approving, or reviewing authority with respect to their
judicial acts. The foregoing provisions of the subsection shall
not apply with respect to: (1) General instructional or
informational courses in military justice if such courses are
designed solely for the purpose of instructing members of a command
in the substantive and procedural aspects of courts-martial; or (2)
to statements and instructions given in open court by the military
judge, summary court-martial officer, or counsel.
(b) In the preparation of an effectiveness, fitness, or
efficiency report, or any other report or document used, in whole
or in part, for the purpose of determining whether a member of the
state military forces is qualified to be advanced in grade, or in
determining the assignment or transfer of a member of the state
military forces, or in determining whether a member of the state military forces should be retained on active status, no person
subject to this article may, in preparing any such report: (1)
Consider or evaluate the performance of duty of any such member as
a member of a court-martial or witness therein; or (2) Give a less
favorable rating or evaluation of any counsel of the accused
because of zealous representation before a court-martial.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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