Sec. 27-155. Kinds of courts-martial.
Sec. 27-155. Kinds of courts-martial. (a) In the state military forces not in federal
service, there shall be general, special and summary courts-martial constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and
powers, except as to punishments, and shall follow the forms and procedures provided
for those courts.
(b) There shall be three kinds of courts-martial: (1) 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 in writing a court composed
only of a military judge and the military judge approves; (2) 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, 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; and (3) summary courts-martial, consisting of one commissioned officer.
(1967, P.A. 717, S. 15; P.A. 77-295, S. 1.)
History: P.A. 77-295 provided in Subsec. (b) an election for accused to be tried by a military judge alone with the
approval of the military judge in general and special courts-martial, substituted "military judge" for "law officer" where
appearing and also provided for a military judge and three members as well as a court of three members only as constituents
of a special court-martial.