38.38.172 - Courts-martial of organized militia not in federal service -- Composition -- Jurisdiction -- Powers and proceedings.

[Art. 16] Courts-martial of organized militia not in federal service — Composition — Jurisdiction — Powers and proceedings.

(1) In the organized militia not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.

     (2) The three kinds of courts-martial are:

     (a) General courts-martial, consisting of a military judge and not less than five members, or 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;

     (b) Special courts-martial, consisting of not less than three members, or a military judge and not less than three members, or only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in (a) of this subsection so requests; and

     (c) Summary courts-martial, consisting of one commissioned officer.

[1989 c 48 § 16; 1963 c 220 § 16.]