In the state military forces not in federal active service, there shall be the following three types of courts-martial:
(1) general courts-martial, consisting of:
(i) a military judge and not less than five 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 only of a military judge and the military judge approves;
(2) special courts-martial, consisting of:
(i) a military judge and not less than three 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 only of a military judge and the military judge approves; and
(3) summary courts-martial, consisting of a military judge.
History:1963 c 661 s 192A.09; 1978 c 552 s 6; 2002 c 308 s 16