South Carolina § 25-1-2530 Types of courts-martial.

South Carolina Statutes

§ 25-1-2530 — Types of courts-martial.

South Carolina § 25-1-2530

Title 25MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS

Ch. 1MILITARY CODE

This text of South Carolina § 25-1-2530 (Types of courts-martial.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 25-1-2530 (2026).

Text

There may be three types of courts-martial in the state military forces: 1. general court-martial, consisting of:

(a)a military judge and not less than five members; or (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 in writing a court composed only of a military judge, and the military judge approves; 2. special court-martial, consisting of:

(a)a military judge and not less than three members; or (b) only a military judge, if one has been detailed to the court, and the accused under the same conditions as prescribed in item (b) of subsection 1 of this section so requests; and 3. summary court-martial, consisting of one officer, the state military judge, a judge adv

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There may be three types of courts-martial in the state military forces: 1. general court-martial, consisting of: (a) a military judge and not less than five members; or (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 in writing a court composed only of a military judge, and the military judge approves; 2. special court-martial, consisting of: (a) a military judge and not less than three members; or (b) only a military judge, if one has been detailed to the court, and the accused under the same conditions as prescribed in item (b) of subsection 1 of this section so requests; and 3. summary court-martial, consisting of one officer, the state military judge, a judge advocate detailed to the court as the hearing officer, or a panel of three officers.

Legislative History

HISTORY: Former SECTION 25-1-2530 [1950 (46) 1881; 1952 Code SECTION 44-164; 1962 Code SECTION 44-164; 1964 (53) 2241] recodified as SECTIONS 25-1-2910, 25-1-2915 and 25-1-3025 by 1984 Act No. 378; New SECTION 25-1-2530 [derived from former SECTION 25-1-2830 (1950 (46) 1881; 1952 Code SECTIONS 44-183 to 44-187; 1962 Code SECTION 44-183; 1964 (53) 2241)] En by 1984 Act No. 378, SECTION 15; 2001 Act No. 85, SECTION 30; 2024 Act No. 145 (H.4642), SECTION 6, eff May 13, 2024. Effect of Amendment 2024 Act No. 145, SECTION 6, in 2., deleted former (a) and redesignated (b) and (c) as (a) and (b); and in 3., inserted ", the state military judge, a judge advocate detailed to the court as the hearing officer, or a panel of three officers" at the end.