38.38.244 - Special courts-martial of organized militia not in federal service -- Who may convene.

[Art. 23] Special courts-martial of organized militia not in federal service — Who may convene.

(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.

     (2) A special court-martial may not try a commissioned officer.

[2009 c 378 § 13; 1989 c 48 § 23; 1963 c 220 § 25.]