(1) Courts of inquiry to investigate any matter may be convened by the governor.
A court of inquiry shall consist of three or more commissioned officers. For eachcourt of inquiry, the convening authority shall also appoint counsel for the court.
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 department who has a direct interest in the subject of inquiry has 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 has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
Members of a court of inquiry may be challenged by a party, but only for causestated to the court.
The members, the counsel, the reporter, and the interpreters of courts of inquiry shalltake an oath or affirmation to faithfully perform their duties.
Witnesses may be summoned to appear and testify and may be examined beforecourts of inquiry in the same manner as provided for courts-martial.
Courts of inquiry shall make findings of fact but may not express opinions or makerecommendations unless required to do so by the convening authority.
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. If the record cannot be authenticated by the president, it shall be signed by a member of the court in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member of the court in lieu of the counsel.
Source: L. 83: Entire article added, p. 1193, § 1, effective June 10. L. 2002: (3) amended, p. 362, § 24, effective July 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 121, Session Laws of Colorado 2002.