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10 U.S.C. § 848 — Art. 48. Contempt

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 848 — Art. 48. Contempt

**(a) Authority To Punish.—** (1) With respect to any proceeding under this chapter, a judicial officer specified in paragraph (2) may punish for contempt any person who— (A) uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding; (B) disturbs the proceeding by any riot or disorder; or (C) willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding. (2) A judicial officer referred to in paragraph (1) is any of the following: (A) Any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66). (B) Any military judge detailed to a court-martial, a provost court, a military commission, or any other proceeding under this chapter. (C) Any military magistrate designated to preside under [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19). (D) The president of a court of inquiry. **(b) Punishment.—** The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both. **(c) Review.—** A punishment under this section— (1) if imposed by a military judge or military magistrate, may be reviewed by the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal Appeals under [section 866(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/h&num=0&edition=prelim) (article 66(h)); (2) if imposed by a judge of the Court of Appeals for the Armed Forces or

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Source file: Laws/federal/codes/united-states-code/title-10/section-848-art-48-contempt--94d5f30e37.md
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Source location: Title 10, Chapter 47, § 848; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 819 — Art. 19. Jurisdiction of special courts-martial

**(a) In General.—** Subject to [section 817 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section817&num=0&edition=prelim) (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year. **(b) Additional Limitation.—** Neither a bad-conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under [section 816(c)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/c/2/A&num=0&edition=prelim) (article 16(c)(2)(A)). **(c) Military Magistrate.—** If charges and specifications are referred to a special court-martial consisting of a military judge alone under [section 816(c)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/c/2/A&num=0&edition=prelim) (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military magistrate to preside over the special court-martial.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 866 — Art. 66. Courts of Criminal Appeals

**(a) Courts of Criminal Appeals.—** (1) **In general.—** — Each Judge Advocate General shall establish a Court of Criminal Appeals which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (h). Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Criminal Appeals established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge on each panel. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations. (2) **Additional qualifications.—** — In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law befor

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 611 to 629 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 611, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, authorized President to prescribe rules. See [section 836 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim), Armed Forces. Section 612, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, related to unlawfully influencing action of court. See [section 837 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section837&num=0&edition=prelim). Section 613, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, provided for duties of trial counsel and defense counsel. See [section 838 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838&num=0&edition=prelim). Section 614, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to sessions of the courts-martial. See [section 839 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section839&num=0&edition=prelim). Section 615, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for continuances. See [section 840 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section840&num=0&edition=prelim). Section 616, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for challenges. See [section 841 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim). Section 617, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to oaths. See [section 842 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim). Section 618, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to statutes of limitation. See [section 843 of Title 10](https://uscode.house.gov/view.xhtml

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 611 to 629

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 848 — Art. 48. Contempt

Page 764 TITLE 10—ARMED FORCES § 848 ‘‘(2) has been provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hard- ship, is advanced such fees and mileage; and ‘‘(3) willfully neglects or refuses to appear, or re- fuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce; is guilty of an offense against the United States.’’ 2013—Subsec. (a)(1). Pub. L. 113–66 substituted ‘‘a pre- liminary hearing pursuant to section 832 of this title (article 32)’’ for ‘‘an investigation pursuant to section 832(b) of this title (article 32(b))’’. 2011—Subsec. (a). Pub. L. 112–81, § 542(b), substituted ‘‘subpoenaed’’ for ‘‘subpenaed’’ in two places. Subsec. (a)(1). Pub. L. 112–81, § 542(a)(1)(A), sub- stituted ‘‘board, or has been duly issued a subpoena duces tecum for an investigation pursuant to section 832(b) of this title (article 32(b));’’ for ‘‘board;’’. Subsec. (a)(2). Pub. L. 112–81, § 542(a)(1)(B), substituted ‘‘provided a means for reimbursement from the Govern- ment for fees and mileage’’ for ‘‘duly paid or tendered the fees and mileage of a witness’’ and inserted ‘‘or, in the case of extraordinary hardship, is advanced such fees and mileage’’ before semicolon. Subsec. (c). Pub. L. 112–81, § 542(a)(2), substituted ‘‘board, or convening authority’’ for ‘‘or board’’. 2006—Subsec. (b). Pub. L. 109–163 substituted ‘‘Com- monwealths or possessions’’ for ‘‘Territories, Common- wealths, or possessions’’. 1996—Subsec. (b). Pub. L. 104–106 inserted ‘‘indictment or’’ after ‘‘shall be tried on’’ and substituted ‘‘shall be fined or imprisoned, or both, at the court

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 848

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