(1) In the organized militia 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 shall follow the forms and procedures provided for those courts as far as applicable, except as otherwise provided in this chapter.
(2) The three kinds of courts-martial shall be constituted as follows:
(a) General courts-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 orally on the record or in writing a court composed only of a military judge and the military judge approves.
(b) Special courts-martial, consisting of:
(A) Not less than three members; or
(B) A military judge and not less than three members; or
(C) Only a military judge, if one has been detailed to the court, and the accused under the same conditions prescribed in paragraph (a)(B) of this subsection so requests.
(c) Summary courts-martial, consisting of one commissioned officer. [1961 c.454 §93; 1975 c.719 §7; 1985 c.682 §16]Section: Previous 398.062 398.064 398.065 398.066 398.068 398.082 398.083 398.102 398.104 398.106 398.108 398.110 398.112 398.114 398.116 Next
Last modified: August 7, 2008