§ 37-09-05 — Special courts-martial - Appointment - Jurisdiction - Punishment

The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post,
camp, or other place, or of any brigade, regiment, detached battalion, or other detached
command, may appoint special courts-martial for the officer's command. A special court-martial
may be appointed in any case by a superior authority when it is deemed desirable by the
superior authority. A special court-martial may try any person, except a commissioned officer,
subject to the military law, for any crime or offense made punishable by the military laws of the
United States, and has the same powers of punishment as a general court-martial except that
fines imposed by a special court-martial may not exceed three hundred dollars and a sentence
of confinement may not exceed one hundred days. A bad conduct discharge may not be
adjudged unless a complete record of the proceedings and testimony has been made, counsel
was detailed to represent the accused, and a military judge was detailed to the trial.