Military Courts and Justice

Wyo. Stat. Ann. tit. 19, ch. 12
in effect

Wyo. Stat. Ann. § 19-12-101 Military courts generally.

(a) The military courts of this state are general courts-martial, special courts-martial and summary courts-martial, and are constituted and have cognizance of the same subjects and possess like powers as similar courts provided by the laws and regulations governing the armed forces of the United States, as limited by federal law and regulations applying to the national guard not in federal service. The court shall, as far as practicable, follow the forms and modes of procedure prescribed for the similar courts except that the word "governor" shall be substituted for the word "president" whenever appearing in those laws and regulations. The prosecution in a general, special or summary courts-martial of the militia of this state shall be in the name of the state. The adjutant general shall promulgate or publish rules and regulations covering military courts not inconsistent with the constitution and laws of this state. (b) To the extent its provisions are not inconsistent with this chapter, the punitive articles of the Uniform Code of Military Justice in effect at the time of an offense are adopted by the state of Wyoming and shall apply to any member when in a state duty status, including a status under title 32, United States Code, or active state service status in the same manner as the Uniform Code of Military Justice applies when the member is in active federal service. (c) Proceedings under this article shall follow procedures for state criminal courts except as modified by this article or by any rules promulgated under this article. (d) The maximum punishment that may be imposed by any court-martial shall not exceed the sentence authorized for that or a similar offense in the punitive articles of the Uniform Code of Military Justice unless otherwise specified in this article. (e) This article applies territorially and extraterritorially to all persons in the military forces of the state when not subject to the Uniform Code of Military Justice and while in a duty status or during a period of time when the member was under lawful order to be in a duty status. The processing charges and all proceedings, including trial, may be conducted without regard to the duty status of the accused. (f) Military defense counsel shall be appointed for any accused pursuant to promulgated rules. Counsel shall be authorized to practice law in Wyoming and a member in good standing of the bar of the highest court of any state in the United States, admitted to practice in any federal court of the United States or hold a current position as military judge advocate. (g) Sentencing in any court-martial shall for any case under this article be by the presiding judge or summary court officer.

Wyo. Stat. Ann. § 19-12-102 Apprehension.

(a) "Apprehension" means the taking of a member into custody. (b) Any person authorized by this code, Chapter 47 of title 10, United States Code, or by regulations issued under either code to apprehend persons subject to this code, and any civil officer or peace officer of this state having authority to apprehend offenders under the laws of the United States or this state, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed the offense.

Wyo. Stat. Ann. § 19-12-103 Warrant of arrest; issuance; contents; service.

(a) A warrant of arrest for the purposes of securing the presence of accused at any court-martial proceeding or in execution of a sentence of confinement may be issued by a special or general court-martial convening authority. (b) The warrant issued under this article shall: (i) Be in writing and in the name of the state of Wyoming; (ii) State the date and county of issuance, including the court in which documents are to be filed; (iii) State the name and rank of the person to be arrested; (iv) State the offense charged against the person to be arrested; (v) Command that the person against whom the complaint was made be arrested, conducted to a designated civil or military facility under the control of the state or federal government, placed into custody as directed and booked; and (vi) Be signed by an authorized officer of the military department. (c) The warrant shall specify the amount of bail and the nature of any bond. (d) The warrant shall be directed to all peace officers in the state and provost marshal of the armed forces of the state or the federal government. Such officers shall have the power and authority to conduct the arrested person to the designated facility without regard to territorial jurisdiction.

Wyo. Stat. Ann. § 19-12-104 Convening general, special or summary courts- martial; summary courts-martial limitations.

(a) A general court-martial may be convened by: (i) The governor; or (ii) The adjutant general. (b) A special court-martial may be convened by: (i) The adjutant general; or (ii) A general officer of the Wyoming national guard in the same military branch as the accused. (iii) Repealed by Laws 2021, ch. 159, § 2. (c) A summary court-martial may be convened by: (i) Any person who may convene a general or special court-martial; or (ii) Any other person designated in rules promulgated under this article. (d) A summary court-martial is an administrative process presided over by a current military judge advocate serving as the summary court officer. A conviction by summary court-martial shall not result in any sentence of confinement nor shall it be considered a criminal conviction.

Wyo. Stat. Ann. § 19-12-105 Prosecutions; appeal.

(a) All prosecutions under this article shall be by court-martial or appropriate civilian court proceeding, with the adjutant general having sole power to determine by which method to proceed. (b) If a complaint is filed in a district court or circuit court of a county wherein the offense is alleged to have occurred, the judge thereof or a magistrate therein may issue warrants. (c) A qualified judge under this article or rules promulgated thereunder shall serve as judge in all general or special courts-martial and be empowered to act on all matters pertaining to that court. (d) The state shall be represented by a judge advocate. If none is available, the district or county attorney shall represent the state and prosecute all cases commenced in the courts. (e) To conduct any pretrial hearing required for a general court-martial the adjutant general shall appoint a judge advocate who is not appointed to represent a party in the case. (f) No sentence of dismissal from the service or dishonorable discharge imposed by a Wyoming national guard court-martial shall be executed until approved by the governor. The governor may suspend or set aside part or all of any sentence the governor deems appropriate. (g) When prosecution has been by general court-martial, after final judgment, sentencing and approval by the governor, the defendant may appeal to the supreme court of Wyoming in the same manner as appeals from district courts to the supreme court of Wyoming in criminal cases. (h) When prosecution has been by summary or special court-martial, after final judgment, sentencing and approval by the convening authority, the defendant may appeal to the district court of the county in which the court-martial was held in the same manner as appeals from circuit courts to the district courts in criminal cases. (j) When prosecution has been in the circuit courts, after final judgment and sentencing, the defendant may appeal to the district court in the same manner as in other criminal cases. (k) If requested by the accused and authorized given the charges and type of court-martial, a jury may be appointed. Any jury appointed shall consist of current Wyoming national guard members of either service. In the event the pool of eligible court members for a Wyoming national guard court-martial under this article is insufficient to properly impanel the court-martial, active and reserve members of the United States armed forces may be requested to so serve.

Wyo. Stat. Ann. § 19-12-106 Disobedience of order to appear before court- martial; issuance of subpoena; warrant of attachment; service of warrants; neglecting or refusing to obey subpoena or order; confinement of prisoners.

(a) When a person served with a copy of court-martial charges disobeys a written order from the convening authority to appear before the court-martial at a time and place specified, the convening authority, appointed judge or summary court officer may issue: (i) A warrant for the arrest of the person to bring him before the court for trial. The convening authority may confine him in the county jail where the court is convened if confinement is deemed advisable to ensure the presence of the alleged offender for trial, or may release the accused on the furnishing of bail in an amount deemed sufficient to ensure his presence for trial; (ii) Subpoenas, subpoenas duces tecum and other orders compelling the attendance of witnesses and the production of evidentiary matters. (b) When a person has been subpoenaed to appear as a witness before any court-martial and has been paid or tendered the fees and mileage required by law, or a member has been ordered to appear as a witness, and either fails or refuses without justifiable excuse to appear, the convening authority, appointed judge or summary court officer may issue a warrant of attachment to apprehend and bring the witness before the court to testify as required by the subpoena or order. (c) Service of warrants, subpoenas and other process issued by the convening authority, appointed judge or summary court officer on any person shall be made by the sheriff, undersheriff or deputy sheriff of the county wherein the court is convened or of the county wherein the person to be served may be found, or it may be served in any county by any officer of the Wyoming national guard when ordered to do so by the convening authority, appointed judge or summary court officer. The individual making service shall endorse the facts of service on the original process and return it to the officer who issued the process. (d) Any person who willfully and without justifiable excuse neglects or refuses to obey a subpoena or order is guilty of a misdemeanor and may be prosecuted in any court of this state as for other misdemeanors. Upon conviction the offender shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned in the county jail not to exceed six (6) months, or both. (e) The sheriff shall keep in confinement any prisoner turned over to him for safekeeping upon written orders of the convening authority, appointed judge or summary court officer. (f) Repealed by Laws 2021, ch. 159, § 1.

Wyo. Stat. Ann. § 19-12-107 Jurors of court-martial deemed on duty; pay and allowances; witnesses subject to subpoena; witness fees and allowances.

(a) Jurors of a court-martial and members of the Wyoming national guard ordered to appear before a court-martial or other court, and members of the Wyoming national guard tried by court-martial or other courts and acquitted, shall be deemed on duty by order of the governor and shall receive the same pay and allowances as provided for members of the Wyoming national guard when in service by order of the governor. (b) Witnesses other than members of the Wyoming national guard are subject to subpoena by a court-martial and shall receive the same fees and allowances as provided for witnesses before the district courts of this state.

Wyo. Stat. Ann. § 19-12-108 Confinement in county jail; fines.

(a) Where punishment by a court-martial is imprisonment for one (1) year or less, confinement shall be in the county jail of the county wherein the court is convened. The sheriff shall accept the prisoner upon receipt of written order promulgating the sentence of the court. (b) Where punishment by a court-martial is imprisonment for more than one (1) year, the prisoner shall be remanded to the custody of the department of corrections in the same manner as civilians convicted of criminal offenses classified as a felony. (c) Fines imposed by a court-martial, at the option of the president of the court-martial or the summary court officer, may be collected in the following manner: (i) By forfeiture of pay or allowances, or both, due or to become due from the state or the United States; (ii) By immediate payment of the fine in full, in cash, to the deputy director of the Wyoming military department to be paid into the state treasury; or (iii) Upon failure of the convicted person to forthwith pay the fine in cash when so ordered, by the commitment of the person to the county jail of the county wherein the court is held for five (5) days. If the fine remains unpaid sixty (60) days after release, the convicted person shall be again committed to the county jail of the county wherein the court is held for an additional five (5) days.

Wyo. Stat. Ann. § 19-12-109 Immunity of national guard member; commission of felony or lesser crime by such member.

(a) Repealed by Laws 2021, ch. 159, § 2. (b) When any crime against the laws of Wyoming or any political subdivision thereof is alleged to have been committed by any member of the Wyoming national guard, upon presentation of the proper warrant he shall be apprehended by military authorities and surrendered to the proper civil authorities of the county wherein the warrant was issued. (c) Repealed by Laws 2021, ch. 159, § 2. (d) Nothing herein grants immunity from service of warrants issued upon a charge or complaint alleging the violation of one (1) or more of the offenses set forth in W.S. 19-12-110 nor shall any such immunity prevent prosecution of a member of the Wyoming national guard by the proper authorities at any time after termination of the period of any duty status for which the immunity was effective. (e) No member of the Wyoming national guard shall be held to answer for a criminal offense in both civilian courts and the military courts of this state. The decision as to under which justice system a member is held to answer is left to the discretion of the prosecuting attorney for the county in which the offense is alleged to have occurred and the state judge advocate. An impasse in this decision shall be referred to the district court judge for resolution. The decision of the district court judge is final.

Wyo. Stat. Ann. § 19-12-110 Trial and punishment for certain offenses by members of national guard in state courts.

(a) Members of the Wyoming national guard charged with the following offenses may be tried and punished as herein provided: (i) Any member of the Wyoming national guard who is tried and found guilty of the offense of using contemptuous words against the president, vice-president, a member of congress, the secretary of defense, a secretary of a department, a governor or a member of a legislature of any state, territory or other possession of the United States in which the member is on duty or present shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for a term not to exceed six (6) months, or both. Upon a second or subsequent conviction under this paragraph the member shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) to which may be added imprisonment in the county jail for a term not to exceed six (6) months. The fine and sentence on a second or subsequent conviction shall not be suspended; (ii) Repealed by Laws 2021, ch. 159, § 2. (iii) Repealed by Laws 2021, ch. 159, § 2. (iv) Repealed by Laws 2021, ch. 159, § 2. (v) Repealed by Laws 2021, ch. 159, § 2. (vi) Repealed by Laws 2021, ch. 159, § 2. (vii) Repealed by Laws 2021, ch. 159, § 2. (viii) Repealed by Laws 2021, ch. 159, § 2. (ix) Repealed by Laws 2021, ch. 159, § 2. (x) Repealed by Laws 2021, ch. 159, § 2. (xi) Repealed by Laws 2021, ch. 159, § 2. (xii) Repealed by Laws 2021, ch. 159, § 2. (xiii) Repealed by Laws 2021, ch. 159, § 2. (xiv) Repealed by Laws 2021, ch. 159, § 2. (xv) Repealed by Laws 2021, ch. 159, § 2. (xvi) Repealed by Laws 2021, ch. 159, § 2. (xvii) Any member of the Wyoming national guard who resists or aids in resisting the execution of lawful process in any area declared to be in a state of actual or threatened insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to execute the laws, to suppress actual or prevent threatened insurrection or to repel invasion is guilty of a felony punishable by imprisonment in the state penitentiary for not less than one (1) year nor more than ten (10) years. (b) Repealed by Laws 2021, ch. 159, § 2. (c) Repealed by Laws 2021, ch. 159, § 2. (d) Any commanding officer of the Wyoming national guard may impose administrative, nonjudicial punishment as described and set forth in article 15 of the Uniform Code of Military Justice and in accordance with the procedure therein set forth except as superseded by rules promulgated under this article unless the accused demands trial by court-martial. (e) Repealed by Laws 2021, ch. 159, § 2. (f) Repealed by Laws 2021, ch. 159, § 2.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title19.pdfFetched: 10/4/2026

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