NC National Guard/Courts-Martial (S417) Summary

• Amends Article 3 of Chapter 127A of the General Statutes to revise procedures for courts-martial of the North Carolina National Guard when not in federal service.

• Updates qualifications for military judges, State's trial counsel, and defense counsel to require Judge Advocate General certification or designation and membership in the North Carolina National Guard or Armed Forces.

• Exempts military judges, trial counsel, and defense counsel from North Carolina State Bar membership requirements under G.S. 84-4.

• Expands personal jurisdiction of courts-martial to cover all National Guard members at all times and places, replacing the previous language limiting jurisdiction to service within and outside the State.

• Establishes comprehensive appeal procedures allowing defendants to appeal to Wake County Superior Court for errors of law, weight of evidence, or fair trial violations, and allowing the State to appeal erroneously dismissed charges; modifies sentence approval requirements and adds provisions for interlocutory appeals.

• Becomes effective December 1, 2019, and applies only to offenses committed on or after that date.