Legislation
SECTION 130.37
Unlawfully influencing action of court
Military (MIL) CHAPTER 36, ARTICLE 7, PART 7
§ 130.37. Unlawfully influencing action of court. (a) No authority
convening a general, special, or summary court-martial, nor any other
commanding officer, shall censure, reprimand, or admonish such court or
any member, 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 his functions in the conduct of the proceeding. No
person subject to this code shall attempt to coerce or, by any
unauthorized means, influence the action of a court-martial or any other
military tribunal 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 his judicial acts. The foregoing
provisions of the subdivision 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, president of a special court-martial, 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 is qualified to be advanced, in
grade, or in determining the assignment or transfer of a member or in
determining whether a member should be retained on any type of duty or
status, no person subject to this chapter 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 (2) give a less favorable
rating or evaluation of any member because of the zeal with which such
member, as counsel, represented any accused before a court-martial.
convening a general, special, or summary court-martial, nor any other
commanding officer, shall censure, reprimand, or admonish such court or
any member, 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 his functions in the conduct of the proceeding. No
person subject to this code shall attempt to coerce or, by any
unauthorized means, influence the action of a court-martial or any other
military tribunal 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 his judicial acts. The foregoing
provisions of the subdivision 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, president of a special court-martial, 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 is qualified to be advanced, in
grade, or in determining the assignment or transfer of a member or in
determining whether a member should be retained on any type of duty or
status, no person subject to this chapter 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 (2) give a less favorable
rating or evaluation of any member because of the zeal with which such
member, as counsel, represented any accused before a court-martial.