N.Y. Military Law § 131.1: Courts of inquiry

§ 131.1. Courts of inquiry. (a) Courts of inquiry to investigate any

matter may be convened by the governor or by any other person designated

by the governor for that purpose whether or not the persons involved

have requested such an inquiry.

(b) A court of inquiry shall consist of three or more officers.

For each court of inquiry the convening authority shall also appoint

counsel for the court.

(c) Any person subject to this code whose conduct is subject to

inquiry shall be designated as a party. Any person subject to this code

or employed in the division of military and naval affairs who has a

direct interest in the subject of inquiry shall have the right to be

designated as a party upon request to the court. Any person designated

as a party shall be given due notice and shall have the right to be

present, to be represented by counsel, to cross-examine witnesses, and

to introduce evidence.

(d) Members of a court of inquiry may be challenged by a party, but

only for cause stated to the court.

(e) The members, counsel, the reporter, and interpreters of courts of

inquiry shall take an oath or affirmation to faithfully perform their

duties.

(f) Witnesses may be summoned to appear and testify and be examined

before courts of inquiry as provided for courts-martial.

(g) Courts of inquiry shall make findings of fact but shall not

express opinions or make recommendations unless required to do so by the

convening authority.

(h) Each court of inquiry shall keep a record of its proceedings,

which shall be authenticated by the signatures of the president and

counsel for the court and forwarded to the convening authority. In case

the record cannot be authenticated by the president it shall be signed

by a member in lieu of the president and in case the record cannot be

authenticated by the counsel for the court it shall be signed by a

member in lieu of the counsel.