§ 12-64-401 - Classifications of courts-martial.
12-64-401. Classifications of courts-martial.
There shall be three (3) kinds of courts-martial in each of the forces of the organized militia, namely:
(1) General courts-martial, which shall consist of:
(A) A military judge and any number of members not less than five (5); or
(B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;
(2) Special courts-martial, consisting of:
(A) Any number of members not less than three (3); or
(B) A military judge and not less than three (3) members; or
(C) Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests; and
(3) Summary courts-martial which shall consist of one (1) officer.