The Washington Code of Military Justice (WCMJ) applies to all members of the organized militia who are not in federal service.  The organized militia includes the National Guard and any other military force organized under state law.  The National Guard is a component of the United States Armed Forces and serves both the Governor under state law and the President under federal law.

The federal Uniform Code of Military Justice (UCMJ) establishes criminal law and legal procedure for all federal armed forces.  It applies to active duty, National Guard and Reserve members, and academy students.  The UCMJ standardizes military law across the Army, Navy, Air Force, Marines, and Coast Guard.  It contains offenses similar to civilian law, as well as military-specific infractions.  The UCMJ also establishes the rights of the victim of an offense.

The WCMJ governs the organization, administration, and duties of the organized militia.

There are numerous offenses in the WCMJ, including offenses specific to military service, as well as offenses that parallel state crimes.

Unless called into federal service, the Washington National Guard is under the control of the state and is not subject to the federal UCMJ.  The WCMJ applies to a guard member if the member commits an offense prohibited by the WCMJ, regardless of whether the member is on "duty status."

A section is added to the WCMJ that is substantially identical to the victim rights identified in the UCMJ.  A victim of an offense under the WCMJ has the following rights:

• the right to be reasonably protected from the accused;
• the right to notice of public hearings, investigation, court-martial, post-trial proceedings, public proceedings of the federal Service Clemency and Parole Board, and release or escape of the accused;
• the right to be present at a public hearing or proceeding, with certain exceptions;
• the right to be heard at public hearings addressing the accused's confinement prior to the hearing, sentencing hearings, and public proceedings of the federal Service Clemency and Parole Board;
• the right to confer with counsel representing the state;
• the right to restitution, if any;
• the right to proceed without unreasonable delay;
• the right to be informed of certain settlement agreements; and
• the right to be treated with fairness.

A "victim of an offense" is defined as an "individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense" under the WCMJ.

When the accused's counsel plans to call a victim as a witness, the accused's counsel must request an interview through the victim's counsel, if any.  The victim's interview must be taken in the presence of the state's counsel, victim's counsel, or victim's advocate, if any.

The victim's rights do not authorize a cause of action for damages, create liability against the state for breach, or impair the charges against the accused or advice of the state judge advocate.