Section 37: Unlawfully influencing action of court
Article 37. Unlawfully influencing action of court.
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand or admonish the court or a member, the military judge or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or a member thereof, in reaching the findings or sentence in a case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts. This subsection shall not apply with respect to:
(1) general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or
(2) statements and instructions given in open court by the military judge, summary court- martial officer or counsel.
(b) In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part to determine whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code shall, in preparing any such report:
(1) consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or
(2) give a less favorable rating or evaluation of any counsel for the accused because of zealous representation before a court-martial.