33-13-151 - Courts-martial classified; composition.
§ 33-13-151. Courts-martial classified; composition.
The three (3) kinds of courts-martial in each of the state military forces are:
(a) General court-martial consisting of:
(i) A military judge and not less than six (6) members; or
(ii) 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 of a military judge and the military judge approves;
(b) Special court-martial, consisting of:
(i) Not less than three (3) members; or
(ii) A military judge and not less than three (3) members; or
(iii) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (a)(ii) so requests; and
(c) Summary court-martial, consisting of one (1) commissioned officer, who shall be a military judge or an attorney licensed to practice law in this state.
Sources: Codes, 1942, § 8529-16; Laws, 1966, ch. 538, § 16; Laws, 1981, ch. 362, § 19, eff from and after July 1, 1981.