“[House Bill 1076] allows the adjutant general to convene a court-martial, in addition to the governor,” Rep. Chris Jeter (R-Fishers), the bill’s author, said on the House floor on Jan. 23. “Under current law, only the governor can. That has proven to be really difficult logistically for the National Guard.”
Jeter, who has experience as a military lawyer, had previously said that he worked closely with Guard leaders on this bill. A Guard spokesperson declined our request to explain what “proven” difficulties they’ve faced if there hasn’t even been an attempt to get the governor to convene anything.
They also declined to explain why they didn’t attempt to call for the governor to convene a court-martial in those four sexual assaults last year. The governor’s office also didn’t comment on whether not calling for a court-martial in those cases was appropriate in time for publication.
There may be a strong reason Guard leaders believe they can’t or shouldn’t bring these cases to the governor, but spokespeople for both declined to provide any such explanation.
BTW, while Indiana is amending its Code of Military Justice, how about getting in step with Uncle Sam by transferring disposition power to lawyers outside the chain of command, as Congress has done for many offenses?
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