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35.075 Classification of courts-martial.

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35.075 Classification of courts-martial. (1) In the National Guard and active militia there are general, special and summary courts-martial constituted like similar courts of the Armed Forces of the United <br>States. They have the jurisdiction and powers, except as to punishments, and shall <br>follow the forms and procedures provided for those courts. (2) The three (3) kinds of courts-martial are: (a) General courts-martial: 1. Consisting of a military judge and not less than five (5) members; or 2. Only a military judge, if before the court is assembled the accused, <br>knowing the identity of the military judge and after consultation with <br>defense counsel, requests in writing a court composed only of a military <br>judge and the military judge approves. (b) Special courts-martial: 1. Consisting of a military judge and not less than three (3) members; or 2. Only a military judge if the accused under the same conditions as those <br>prescribed in subparagraph (2)(a)2. of this subsection so requests. (c) Summary courts-martial, consisting of one (1) commissioned officer. History: Amended 1970 Ky. Acts ch. 56, sec. 11. -- Created 1954 Ky. Acts ch. 99, sec. 14, effective July 1, 1954.