This text of Nevada § 412.304 (Courts-martial of Nevada National Guard not in federal service; composition) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and must follow the forms and procedures provided for those courts.
2. The three types of courts-martial for the state military forces include:
(a)General courts-martial, consisting of:
(1)A military judge and not less than five members; or
(2)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 of only a military judge, and the military judge approves the request.
(b)Special courts-martial, c
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1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and must follow the forms and procedures provided for those courts.
2. The three types of courts-martial for the state military forces include:
(a) General courts-martial, consisting of:
(1) A military judge and not less than five members; or
(2) 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 of only a military judge, and the military judge approves the request.
(b) Special courts-martial, consisting of:
(1) A military judge and not less than three members; or
(2) Only a military judge if one has been detailed to the court and the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests and the military judge approves the request.
(c) Summary courts-martial, consisting of one commissioned officer.