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Ark. Code Ann. § 12-64-402

Jurisdiction generally

Applied in 1 court decision — leading case Adam S. Childers v. State of Arkansas (2020)

Most recently applied in Adam S. Childers v. State of Arkansas (June 2020)

Acts 1969, No. 50, §§ 61, 173; A.S.A. 1947, §§ 11-616, 11-684; Acts 2015, No. 1003, § 14; 2019, No. 211, § 6; 2019, No. 315, § 953.

(1) Each force of the organized militia has court-martial jurisdiction and powers over all persons subject to this code and shall follow the forms and procedures provided for similar courts of the United States Army and United States Air Force unless specifically enumerated in the Arkansas Code or by the Governor as the chief executive officer and Commander-in-Chief of the organized militia.

(2) The exercise of jurisdiction by one force over personnel of another force shall be in accordance with rules prescribed by the Governor.

(3) The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.