Courts-martial classified; composition

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The three (3) kinds of courts-martial in each of the state military forces are:

General court-martial consisting of:

A military judge and not less than six (6) members; or

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;

Special court-martial, consisting of:

Not less than three (3) members; or

A military judge and not less than three (3) members; or

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

Summary court-martial, consisting of one (1) commissioned officer in the grade of major or above, who shall be a military judge licensed to practice law in this state, or a judge advocate licensed to practice law in this state.


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