Procedures in Cases before Military Courts in the State of Louisiana
WHEREAS, The Louisiana National Guard is an operational component of the United States Departments of the Army and the Air Force and is vital to the homeland security of the State of Louisiana;
WHEREAS, The need for special laws and regulations in relation to military discipline and the consequent need and justification for a special and exclusive system of military justice has been recognized by the Louisiana Legislature in the enactment of the Louisiana Code of Military Justice, La. R.S. 29:101 et seq. ; and
WHEREAS, La. R.S. 29:136 authorizes the governor to prescribe the procedures, including the modes of proof, in cases before the military courts of the State of Louisiana;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: In accordance with the provisions of the Louisiana Code of Military Justice, La. R.S. 29:136 in particular, the procedure in cases before military courts of the State of Louisiana are hereby prescribed; such procedures shall be the Rules for Court Martial prescribed in the 2008 Edition of the Manual for Courts Martial, United States, in all ways not inconsistent with Louisiana law and regulation.
SECTION 2: Further, and in accordance with La. R.S. 29:136, the modes of proof in cases before military courts of the State of Louisiana are hereby prescribed; such modes shall be the Military Rules of Evidence prescribed in the 2008 Edition of the Manual for Courts Martial, United States, in all ways not inconsistent with Louisiana law and regulation.
SECTION 3: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 30th day of May, 2008.
Secretary of State