General Provisions

V.S.A. tit. 20, ch. 39, subch. 1

in effect

20 V.S.A. § 941 Statement of policy on military justice

941. Statement of policy on military justice An offense committed by a member of the National Guard shall be tried in civil courts and prosecuted by civil authorities except offenses of a purely military nature. This policy shall be executed and carried into effect at all times and applies to all encampments, armory drill periods, and parade periods in addition to any duty performed pursuant to sections 366 and 601 of this title. Amended 1973, No. 223 (Adj. Sess.), § 11, eff. April 4, 1974; 2021, No. 10, § 50.

20 V.S.A. § 942 Military courts for the Vermont National Guard

942. Military courts for the Vermont National Guard (a) Except in organizations in the service of the United States, military courts in the Vermont National Guard are of three kinds: general, special, and summary courts-martial. (b) When practicable considering finances, personnel, and administration, the military courts shall be constituted like similar courts provided for by the laws and regulations governing the U.S. Armed Forces and shall follow the forms and procedure prescribed for those courts. Amended 1973, No. 223 (Adj. Sess.), § 12, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 127.

20 V.S.A. § 942a Structure of courts-martial

942a. Structure of courts-martial (a) General court-martial. A general court-martial of the Vermont National Guard shall be convened only by order of the Governor. (1) A general court-martial may try any person subject to the military code of Vermont for a crime made punishable by the military laws of the United States and the State, and may impose fines not exceeding $200.00, sentence forfeiture of pay and allowances, reprimand, dismiss or dishonorably discharge from the service, and reduce noncommissioned officers in rank. Any two or more punishments may be combined in the sentence imposed by the court. (2) The procedure by which a general court-martial shall function in view of the State’s lack of manpower, and shortage of places of confinement and finances, shall comply with reasonable rules, adjusted to the peculiar characteristics of the State. The rules shall be formulated by the Adjutant General, drafted by the Staff Judge Advocate, and approved by the Governor. (b) Special court-martial. The Adjutant General or the commanding officer of a battalion or similar unit may appoint a special court-martial, but the special court-martial may in any case be appointed by superior authority when the superior authority considers the appointment desirable. (1) A special court-martial may try any person subject to the military code of Vermont, except a commissioned or warrant officer, for any crime of a purely military nature made punishable by military law of the United States or the State. (2) A special court-martial has the same powers of punishment as a general court-martial, except that a fine may not exceed $100.00. (c) Summary court-martial. The commanding officer of a unit may appoint a summary court to consist of one officer who may administer oaths and may try enlisted Guard members for breach of discipline and for minor violations of a military regulation governing the unit. The court, when satisfied of the guilt of the soldier, may fine him or her not exceeding $25.00 for any single offense, sentence to a reduction in rank, and declare not in excess of one month’s forfeiture of pay and allowances. The proceedings shall be informal. (d) Appeal from convictions. Any appeal from the sentence of a court-martial by the defendant shall be taken to the Adjutant General. (1) The defendant shall file written notice of appeal within 30 days after the court’s finding of guilty. (2) The Adjutant General with the assistance of the Staff Judge Advocate shall review all questions of law and fact. (3) The final decision in all appeals from the special and summary courts-martial are with the Adjutant General. An appeal from the general court-martial conviction shall be reviewed by the Adjutant General as provided in this subsection. (4) Within 60 days after being served with the written decision of the Adjutant General, affirming in whole or in part the conviction, the defendant may appeal to the Governor, whose decision is final. Added 1973, No. 223 (Adj. Sess.), § 13, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 128; 2025, No. 88 (Adj. Sess.), § 26, eff. July 1, 2026.

20 V.S.A. § 942b Expenses of military courts

942b. Expenses of military courts (a) The expense incident to and connected with the holding of military courts in this State under this chapter shall be paid out of the General Fund under orders and rules issued by the Adjutant General with the approval of the Governor. (b) All fines levied and collected under this section shall be paid to the State of Vermont for deposit in the State’s General Fund. (c) For each day of duty as a member of a general court-martial, or as a witness under summons from the President or Judge Advocate of the court, officers and enlisted Guard members shall be paid as provided in section 603 of this title. (d) The presiding officer, or recorder of a military board appointed to conduct an investigation or survey, or an officer detailed for that purpose may administer oaths to any witness attending to testify in the investigation. (e) All expenses incident to conduct of military boards shall be paid for upon proper vouchers drawn against the State’s General Fund. (f) If a member of the National Guard is prosecuted by civil or criminal action for an act performed or committed by him or her or an act caused, ordered, or directed by him or her to be done or performed in furtherance of and while in the performance of his or her military duty, the expenses of the defense of the action, civil or criminal, including attorney’s fees, witness fees for the defense, defendant’s court costs, and all costs for transcripts of records and abstracts on appeal by the defense, shall be paid out of the State’s General Fund. Added 1973, No. 223 (Adj. Sess.), § 14, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 129; 2025, No. 88 (Adj. Sess.), § 27, eff. July 1, 2026.

20 V.S.A. § 943 Sentence; warrant for commitment

943. Sentence; warrant for commitment Courts-martial, including summary courts, may sentence to confinement in lieu of fines imposed, provided that such sentence of confinement shall not exceed one day for each dollar of the fine. The warrant for commitment to the custody of the Commissioner of Corrections shall be substantially in the following form: STATE OF VERMONT, To any sheriff or constable in the State, .................... County, ss. } Greeting: WHEREAS ................................... of ................................... in the county of ........................... a (State rank) ........................... of (State organization) ................................... of the National Guard, was on the ........................... day of ......................... 20 ....... , by a court-martial duly appointed and acting under authority of law, adjudged guilty of a military offense, viz.: (describe the offense) and sentenced to pay a fine of ............... dollars and ............... cents. And whereas such sentence has been duly approved and such fine has not been paid or remitted, now therefore: BY THE AUTHORITY OF THE STATE OF VERMONT, you are hereby commanded to take the body of the said .......................... ........................................ and commit him or her to the custody of the Commissioner of Corrections, who is hereby commanded to receive the body of the said .................................................. and him or her safely keep for the term of .................... days, unless sooner discharged according to law. Fail not, but service and return make according to law. Dated at .................... in the county of ......................... this .................... day of ......................... 20 ....... . ......................................... President of Court-Martial, or Summary Court. Amended 1967, No. 345 (Adj. Sess.), § 30, eff. April 1, 1969; 2021, No. 10, § 51.

20 V.S.A. § 944 Execution of processes and sentences

944. Execution of processes and sentences All processes and sentences of courts-martial shall be executed by civil officers of the State authorized to execute similar processes of the civil courts, and shall be returned to the court issuing the same. Amended 2021, No. 10, § 52.

20 V.S.A. § 945 Rules of the National Guard

945. Rules of the National Guard All matters relating to the organization, government, and discipline of the National Guard, including nonjudicial punishment similar to that provided for in the Uniform Code of Military Justice, not otherwise provided for by the laws of the United States, this chapter, or regulations issued by the President shall be governed by rules adopted by the Adjutant General and approved by the Governor, and the adopted rules shall have the same force and effect as though enacted in this chapter. Added 1973, No. 223 (Adj. Sess.), § 16, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 130; 2025, No. 88 (Adj. Sess.), § 28, eff. July 1, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/20/039Fetched: 10/21/2026