33-13-157 - Jurisdiction of special courts-martial.
§ 33-13-157. Jurisdiction of special courts-martial.
(1) Subject to Section 33-13-153 of this code, special courts-martial have jurisdiction to try persons subject to this code, except commissioned officers, for any offense for which they may be punished under this code. A special court-martial has the same powers or punishment as a general court-martial, except:
(a) A fine of not more than one hundred dollars ($100.00), or confinement of not more than one hundred (100) days for a single offense.
(b) A dishonorable discharge may not be imposed.
(2) A dismissal of a warrant officer or a bad conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section 33-13-15(2) of this code was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
Sources: Codes, 1942, § 8529-19; Laws, 1966, ch. 538, § 19; Laws, 1981, ch. 362, § 21, eff from and after July 1, 1981.