AB572,5,1916 322.027 (4) (intro.) In the instance when a defense counsel is not an attorney
17licensed to practice in this state, the defense counsel shall be deemed admitted on
18motion, subject to filing a certificate with the military judge setting forth the
19qualifications that counsel is all of the following:

AB572,6,43 322.027 (4) (a) Commissioned A commissioned officer of the armed forces of the
4United States or a component thereof.

AB572,6,65 (b) Member A member in good standing of the bar of the highest court of another
6state.

AB572,6,109 322.030 (1) (a) The That the signer has personal knowledge of, or has
10investigated, the matters set forth in the charges and specifications.

AB572,6,1111 (b) The That the facts are true to the best of the signer's knowledge and belief.

AB572,6,1714 322.032 (4) If evidence adduced in an investigation under this section indicates
15that the accused committed an uncharged offense, the investigating officer may
16investigate the subject matter of that offense without the accused having first been
17charged with the offense if the accused is afforded all of the following apply:

AB572,6,1818 (a) Present The accused is present at the investigation;.

AB572,6,2019 (b) Informed The accused is informed of the nature of each uncharged offense
20investigated; and.

AB572,6,2221 (c) Afforded The accused is afforded the opportunities for representation,
22cross-examination, and presentation prescribed in sub. (2).

AB572,7,43 322.034 (2) (a) Expressing Expresses conclusions with respect to each matter
4set forth in sub. (1).

AB572,7,65 (b) Recommending Recommends action that the convening authority take
6regarding the specification.

AB572,7,13 9322.035 Article 35—Service of charges. The trial counsel shall serve or
10caused cause to be served upon the accused a copy of the charges. No person may,
11against the person's objection, be brought to trial before a general court-martial case
12within a period of 5 days after the service of charges upon the accused , or, in a special
13court-martial, within a period of 3 days after the service of charges upon the accused.

AB572,8,416 322.037 (1) (intro.) No authority convening a general, special, or summary
17court-martial, nor any other commanding officer, or officer serving on the
18commanding officer's staff, may censure, reprimand, or admonish the court or any
19member, the military judge, or counsel, with respect to the findings or sentence
20adjudged by the court or with respect to any other exercise of its or their functions
21in the conduct of the proceedings. No person subject to this code may attempt to
22coerce or, by any unauthorized means, influence the action of a court-martial or court

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1of inquiry or any member, in reaching the findings or sentence in any case, or the
2action of any convening, approving, or reviewing authority with respect to their
3judicial acts. The foregoing provisions of the This subsection shall does not apply
4with respect to the any of the following:

AB572,8,97 322.038 (2) (d) If the accused is represented by civilian counsel, military
8counsel detailed or selected under par. (c) shall act as associate counsel unless
9excused by the military judge at the request of the accused.

AB572,8,1412 322.038 (2) (f) 2. If the accused is represented by military counsel of the
13accused's own selection under par. (c) 2., may approve a request from the accused that
14military counsel detailed under par. (c) 1. act as associate defense counsel.

AB572,8,19 17322.040 Article 40—Continuances. The military judge of a court-martial
18or a summary court-martial may, for reasonable cause, grant a continuance to any
19party for such time, and as often, as may appear to be just.

AB572,9,83 322.043 (4) When the United States is at war based on a congressional
4declaration or by presidential declaration under the Global War on Terror, the
5running of any statute of limitations is suspended until 2 years after the termination
6of hostilities, as proclaimed by the president or by a joint resolution of congress, and
7the suspension is applicable to any offense under this code under any of the following
8circumstances:

AB572,9,119 (a) Involving The offense involves fraud or attempted fraud against the United
10States, any state, or any agency of either in any manner, whether by conspiracy or
11not.

AB572,9,1412 (b) Committed The offense is committed in connection with the acquisition,
13care, handling, custody, control, or disposition of any real or personal property of the
14United States or any state.

AB572,9,1915 (c) Committed The offense is committed in connection with the negotiation,
16procurement, award, performance, payment, interim financing, cancellation, or
17other termination or settlement, of any contract, subcontract, or purchase order
18which is connected with or related to the prosecution of the war, or with any
19disposition of termination inventory by any war contractor or government agency.

AB572,10,3

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1322.047 (1) Any person not subject to this code may be punished by the
2military court in the same manner as a court of the state, if all of the following apply
3to that person:

AB572,10,74 (a) Has The person has been duly subpoenaed to appear as a witness or to
5produce books and records before a court-martial or court of inquiry, or before any
6military or civil officer designated to take a deposition to be read in evidence before
7a court.

AB572,10,98 (b) Has The person has been duly paid or tendered the fees and mileage of a
9witness at the rates allowed to witnesses attending a court of the state.

AB572,10,1210 (c) Willfully The person willfully neglects or refuses to appear, or refuses to
11qualify as a witness or to testify or to produce any evidence which that person may
12have been legally subpoenaed to produce.

AB572,10,1615 322.049 (3) (a) The witness resides or is beyond the State state in which the
16court is ordered to sit, or beyond one hundred miles from the place of trial or hearing;.

AB572,10,2219 322.049 (3) (b) The witness by reason of death, age, sickness, bodily infirmity,
20imprisonment, military necessity, non amenability nonamenability to process, or
21other reasonable cause, is unable or refuses to appear and testify in person at the
22place of trial or hearing.

AB572,11,33 322.049 (3) (c) The present whereabouts of the witness is are unknown.

AB572,11,106 322.0505 (4) (intro.) Sub. Subsection (3) does not apply to a court-martial
7composed of a military judge only. In the case of a court-martial composed of a
8military judge only or a summary court-martial officer, whenever mental disease or
9defect of the accused with respect to an offense is properly at issue, the military judge
10or summary court-martial officer shall find the accused of any one of the following:

AB572,11,1413 322.051 (3) (a) The That the accused shall be presumed to be innocent until his
14or her guilt is established by legal and competent evidence beyond reasonable doubt.

AB572,11,1715 (b) The That, in the case being considered, if there is a reasonable doubt as to
16the guilt of the accused, the doubt must be resolved in favor of the accused and the
17accused must be acquitted.

AB572,11,1918 (c) If That, if there is a reasonable doubt as to the degree of guilt, the finding
19shall be in a lower degree as to which there is no reasonable doubt.

AB572,11,2120 (d) The That the burden of proof to establish the guilt of the accused beyond
21reasonable doubt is upon the state.

AB572,12,53 322.0575 (2) (b) 1. While in the custody of a state, the United States, or a foreign
4country, is temporarily returned by that state, the United States, or a foreign country
5to the state military forces for trial by court-martial.

AB572,12,98 322.064 (1) (a) 1. The Whether the court had jurisdiction over the accused and
9the offense.

AB572,12,1010 2. The Whether the charge and specification stated an offense.

AB572,12,1211 3. The Whether the sentence was within the limits prescribed as a matter of
12law.

AB572,12,19 15322.0675 Article 67a—Review by state appellate authority. Decisions of
16a court-martial are from a court with jurisdiction to issue felony convictions, and
17appeals are to the Wisconsin court of appeals, District IV and, if necessary, to the
18Wisconsin Supreme Court. The appellate procedures to be followed shall be those
19provided under ch. 809.

AB572,13,6

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1322.070 (1) The senior force judge advocate shall detail a judge advocate as
2appellate Government government counsel to represent the state in the review or
3appeal of cases specified in s. 322.0675 and before any federal court when requested
4to do so by the state attorney general. Appellate government counsel shall be an
5attorney licensed to practice in this state or a member in good standing of the bar of
6the highest court of the state to which the appeal is taken.

AB572,13,8 7(5) An accused may be represented by civilian appellate counsel at no expense
8to the State state.

AB572,13,1411 322.075 (2) If a previously executed sentence of dishonorable or bad-conduct
12discharge is not imposed on a new trial, the governor may substitute therefore
13therefor a form of discharge authorized for administrative issuance unless the
14accused is to serve out the remainder of the accused's enlistment.

AB572,13,2017 322.083 (1) Procures his or her own enlistment or appointment in the state
18military forces by knowingly knowing false representation or deliberate concealment
19as to his or her qualifications for that enlistment or appointment and receives pay
20or allowances there under thereunder.

AB572,13,23 21(2) Procures his or her own separation from the state military forces by
22knowingly knowing false representation or deliberate concealment as to his or her
23eligibility for that separation.