§ 44-816 — Courts-martial classified.

ARTICLE 16. Courts-martial classified. A. The three kinds of courts-martial in the state military forces are the following: 1. General courts-martial, as described in subsection B of this section; 2. Special courts-martial, as described in subsection C of this section; and 3. Summary courts-martial, as described in subsection D of this section. B. General courts-martial. General courts-martial are of the following two types: 1. A general court-martial consisting of a military judge and eight members, subject to paragraph 3 of subsection E of Section 825 and Section 829 of this title (Article 25, subsection E, paragraph 3, and Article 29); and 2. A general court-martial consisting of a military judge alone, 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 a military judge alone and the military judge approves the request. C. Special courts-martial. Special courts-martial are of the following two types: 1. A special court-martial consisting of a military judge and four members, subject to paragraph 3 of subsection E of Section 825 and Section 829 of this title (Article 25, subsection E, paragraph 3, and Article 29); and 2. A special court-martial consisting of a military judge alone: a. if the case is so referred by the convening authority, subject to Section 819 of this title (Article 19) and such limitations as may be prescribed by regulations promulgated by the Adjutant General, or b. if the case is referred under paragraph 1 of this subsection and, 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 a military judge alone and the military judge approves the request. D. Summary court-martial. A summary court-martial consists of one commissioned officer.

Legislative History

Added by Laws 2019, c. 408, § 22, eff. Oct. 1, 2019.