Model State Code of Military Justice.

In 2003, Congress directed the Secretary of Defense to produce a Model State Code of Military Justice.  This Code is intended to be adopted by all of the states for use when dealing with misconduct by personnel in Title 32 status.  The idea is to try and have a "uniform" state code rather than 50+ differing codes (Guam and Puerto Rico provide National Guard units).

Jurisdiction over members of the National Guard generally rests with
either the federal government or the state to which their National
Guard unit belongs. When National Guard members are in a federal status
(commonly referred to as a "Title 10" status), court-martial
jurisdiction over them rests with the federal government, and soldiers
and airmen who commit offenses while in this status are subject to the
UCMJ.  When National Guard soldiers are in a state status (commonly referred
to as a "Title 32" status), court-martial jurisdiction rests with the
state. Soldiers and airmen who commit offenses while in a state status
are not subject to the UCMJ, but are subject to state laws governing
their respective National Guard units. Generally, when the federal
government calls National Guard members to active duty, they are in
federal service. National Guard members are generally in a state status
during their typical weekend drills, and the soldiers and airmen would
thus not be subject to the UCMJ during these drills.

Major Tyler J. Harder, ARTICLE: Military Justice Symposium – Volume I: Recent Developments in
Jurisdiction: Is This the Dawn of the Year of Jurisdiction?  2001 Army Law. 2 (April 2001).

Here is the MODEL STATE CODE OF MILITARY JUSTICE, prepared by the National Guard Bureau-JA Military Justice Working Group, as of 8 March 2009.  And here is a power point presentation for background. 

Posted in:

One response to “Model State Code of Military Justice.”

  1. Top Military Defense Attorney | Top 10 USA says:

    […] you are currently facing prosecution under the UCMJ, we work with your military lawyer to ensure the best defense possible at court-martial. Exercise […]

Contact Information