N.J. Stat. tit. 38A, ch. 10

in effect

N.J. Stat. § 38A:10-1 Persons subject

All members of the organized militia, and all other persons lawfully called, ordered or drafted for duty in the organized militia from the dates they are required by the terms of the call, order or other directive to obey the same, are subject to this chapter. L.1963, c. 109.

N.J. Stat. § 38A:10-2 Territorial applicability

(a) This chapter shall be applicable in all places within the State. It shall also apply to all persons subject to this chapter while serving without the State and while going to and returning from such service without the State in a like manner and to the same extent as while such persons are serving within the State. (b) Courts-Martial and Courts of Inquiry may be convened and held in units of the organized militia while serving without the State with the same jurisdiction and powers as if held within the State, and offenses committed without the State may be tried and punished either without the State or within the State. L.1963, c. 109.

N.J. Stat. § 38A:10-3 Military courts.

38A:10-3. The military courts for the militia of this State shall be constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts. The convening authority for such military courts and maximum punishments authorized shall be as prescribed by federal and State laws and regulations applicable to the National Guard, provided, however, that special courts-martial may be convened only with the approval of the Adjutant General, Department of Military Affairs. L.1963, c.109; amended 1984,c.181,s.17; 1988,c.138,s.13; 2025, c.139, s.84.

N.J. Stat. § 38A:10-4 Trial by civil authority; when authorized

In any case when the offense charged is also an offense against civil authority, the convening authority of a court-martial may, upon request of the civil authorities, order the person charged to be turned over to the appropriate civil authorities of such State, territory or place for trial. L.1963, c. 109.

N.J. Stat. § 38A:10-5 Persons authorized to execute process

All processes, writs, warrants and sentences of the military courts shall be directed to and executed by any sheriff, member of the State Police or any other officer or member of the police department of any municipality, or any other law enforcement officer of any county or municipality. They shall be similar in form to like processes, writs, or warrants issued by civil courts, or in such forms as may be prescribed by the Governor in regulations. All officers to whom such process, writ or warrant may be directed shall execute the same and make return thereof to the officer issuing them. L.1963, c. 109.

N.J. Stat. § 38A:10-6 Confinement of persons committed by military court

The keepers and wardens of all municipal or county jails shall receive the persons committed to them by a military court, and shall confine them in accordance with the direction of such court and according to law. L.1963, c. 109.

N.J. Stat. § 38A:10-7 Payment of fines; disposition

Fines shall be paid to the court imposing them, to the civil officer executing its process, or to the commanding officer of the organization of which the accused is a member. All fines imposed and collected by reason of the sentence of any court-martial, except such as may be payable to the United States, shall be paid into the organization fund of which the person is a member, and shall be accounted for in the same manner as other funds of such organization. L.1963, c. 109.

N.J. Stat. § 38A:10-8 Indemnity for action of military court

No action or proceedings for damages shall be prosecuted or maintained against a member of a military court, or persons acting under its authority or reviewing its proceedings on account of the approval, or imposition or collection of any fine or other penalty, or the execution of any warrant, writ or other process of a military court. L.1963, c. 109.

N.J. Stat. § 38A:10-9 Reporter and witness fees

Any witness subpoenaed to appear before any military court shall receive the same fees as are provided by law for witnesses appearing in a civil court. The reporter of any court shall be paid for stenographic services the same fees as are provided by law for similar services in civil courts. L.1963, c. 109.

N.J. Stat. § 38A:10-10 Fees of civil officers; costs; records

Fees for services of civil officers shall be the same as provided by law for services in civil courts. Costs will be levied and disbursed by the court. Records of all fees, costs and disbursements shall be kept in the headquarters of the organization concerned. L.1963, c. 109.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026