19-12-105. Prosecutions; appeal.
(a) All prosecutions under this article shall be by court-martial or appropriate civilian court proceeding, with the adjutant general having sole power to determine by which method to proceed.
(b) If a complaint is filed in a district court or circuit court of a county wherein the offense is alleged to have occurred, the judge thereof or a magistrate therein may issue warrants.
(c) A qualified judge under this article or rules promulgated thereunder shall serve as judge in all general or special courts-martial and be empowered to act on all matters pertaining to that court.
(d) The state shall be represented by a judge advocate. If none is available, the district or county attorney shall represent the state and prosecute all cases commenced in the courts.
(e) To conduct any pretrial hearing required for a general court-martial the adjutant general shall appoint a judge advocate who is not appointed to represent a party in the case.
(f) No sentence of dismissal from the service or dishonorable discharge imposed by a Wyoming national guard court-martial shall be executed until approved by the governor. The governor may suspend or set aside part or all of any sentence the governor deems appropriate.
(g) When prosecution has been by general court-martial, after final judgment, sentencing and approval by the governor, the defendant may appeal to the supreme court of Wyoming in the same manner as appeals from district courts to the supreme court of Wyoming in criminal cases.
(h) When prosecution has been by summary or special court-martial, after final judgment, sentencing and approval by the convening authority, the defendant may appeal to the district court of the county in which the court-martial was held in the same manner as appeals from circuit courts to the district courts in criminal cases.
(j) When prosecution has been in the circuit courts, after final judgment and sentencing, the defendant may appeal to the district court in the same manner as in other criminal cases.
(k) If requested by the accused and authorized given the charges and type of court-martial, a jury may be appointed. Any jury appointed shall consist of current Wyoming national guard members of either service. In the event the pool of eligible court members for a Wyoming national guard court-martial under this article is insufficient to properly impanel the court-martial, active and reserve members of the United States armed forces may be requested to so serve.