West Virginia Code § 15-1E-135

Courts of inquiry
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(a) Courts of inquiry to investigate any matter of concern to the state military forces may be
convened by any person authorized to convene a general court-martial, whether or not the
persons involved have requested such an inquiry. e
(b) A court of inquiry consists of three or more commissioned officers. For each court of
inquiry, the convening authority shall also appoint counsel for the court.
(c) Any person subject to this article whose conduct is subject to inquiry shall be designated
as a party. Any person subject to this article who has a direct interest in the subject of
inquiry has the right to be designated as a party upon request to the court. Any person
designated as a party shall be given due notice and has the right to be present, to be
represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be chalslenged by a party, but only for cause stated to
the court.
(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an
oath to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of
inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make
recommendations un less required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated
by the signatures of the president and counsel for the court and forwarded to the convening
authority. If the record cannot be authenticated by the president, it shall be signed by a
member in lieu of the president. If the record cannot be authenticated by the counsel for the
court, it shall be signed by a member in lieu of the counsel.

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