§ 26-1016 — Courts-martial; classifications

The three kinds of courts-martial in the national guard are:

1. General courts-martial, consisting of one of the following:

(a) A military judge and not less than five members.

(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. A special courts-martial, consisting of one of the following:

(a) Not less than three members.

(b) A military judge and not less than three members.

(c) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph 1, subdivision (b) requests.

3. Summary courts-martial, consisting of one commissioned officer.