322.136(2)
(2) The following persons may administer oaths necessary in the performance of their duties:
322.136(2)(a)
(a) The president, military judge, and trial counsel for all general and special courts-martial.
322.136(2)(b)
(b) The president and the counsel for the court of any court of inquiry.
322.136(2)(d)
(d) All persons detailed to conduct an investigation.
322.136(2)(f)
(f) All other persons designated by regulations of the armed forces of the United States or by statute.
322.136(3)
(3) The signature without seal of any of the above persons, together with the title of his or her office, is prima facie evidence of the person's authority.
322.136 History
History: 2007 a. 200.
322.137
322.137
Article 137—Articles to be available. The code and the manual for courts-martial shall be made available to a member of the state military forces, upon request by the member, for the member's personal examination.
322.137 History
History: 2007 a. 200.
322.138
322.138
Article 138—Complaints of wrongs. Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to the adjutant general a true statement of that complaint, with the proceedings.
322.138 History
History: 2007 a. 200.
322.139
322.139
Article 139—Redress of injuries to property. 322.139(1)(1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, that person may, under the regulations prescribed, convene a board to investigate the complaint. The board shall consist of from one to 3 commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.
322.139(2)
(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in proportion as may be considered just upon the individual members who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
322.139 History
History: 2007 a. 200.
322.140
322.140
Article 140—Delegation by the governor. The governor may delegate any authority vested in the governor under this code, and provide for the sub-delegation of any authority, except the power given the governor by
s. 322.022.
322.140 History
History: 2007 a. 200.
322.141
322.141
Article 141—Payment of fees, costs, and expenses. The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid by the Wisconsin national guard.
322.141 History
History: 2007 a. 200.
322.142
322.142
Article 142—Payment of fines and disposition. 322.142(1)(1) Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:
322.142(1)(b)
(b) By retention of any pay or allowances due or to become due the person fined from any state or the United States.
322.142(1)(c)
(c) By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.
322.142(2)
(2) Any sum so received or retained shall be deposited with the Wisconsin national guard or to where the court so directs.
322.142(3)
(3) Nothing in this code shall be construed to prohibit restitution.
322.142 History
History: 2007 a. 200.
322.143
322.143
Article 143—Uniformity of interpretation. This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the 10 USC
ch. 47.
322.143 History
History: 2007 a. 200.
322.144
322.144
Article 144—Immunity for action of military courts. All persons acting under the provisions of this code, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions that they did or failed to do as part of their duties under this code.
322.144 History
History: 2007 a. 200.
