§ 130.23 — Who may convene special courts-martial

New York § 130.23

• Jurisdiction: New York
• Law MIL: Military
• Part 5: Appointment and Composition of Courts-martial
• Art. 7: Code of Military Justice

Text

§ 130.23. Who may convene special courts-martial. (a) Special\ncourts-martial may be convened by--\n (1) any person who may convene a general court-martial;\n (2) the commanding officer of a force of the organized militia, or of\na garrison, fort, camp, station, air base or other place where members\nof a force of the organized militia are on duty;\n (3) the commanding officer of a division, brigade, detached or\nseparate battalion, or corresponding unit of the army national guard,\nthe New York guard or of any other land force of the organized militia;\n (4) the commanding officer of a wing, group, detached or separate\nsquadron or corresponding unit of the air national guard;\n (5) the commanding officer of any naval vessel, and the commanding\nofficer of any area, brigade, battalion, division, marine battalion or\nseparate marine company of the naval militia;\n (6) the commanding officer of any separate or detached command or\ngroup of detached units of any of the forces of the organized militia\nplaced under a single commander; or\n (7) the commanding officer or officer in charge of any other command\nwhen empowered by the adjutant general.\n (b) When any such officer is an accuser, the court shall be convened\nby superior competent authority, and may in any case be convened by such\nauthority when deemed advisable by him.\n