Effective: September 28, 2012
Latest Legislation: House Bill 490 - 129th General Assembly
(A) In the organized militia, there are general, special, and summary courts-martial. General and special courts-martial are courts of record with original jurisdiction.
(B) A general court-martial consists of one of the following:
(1) A military judge and not fewer than five members;
(2) 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.
(C) A special court-martial consists of one of the following:
(1) Three or more members;
(2) A military judge and not fewer than three members;
(3) Only a military judge if one has been detailed to the court and 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.
(D) A summary court-martial consists of one commissioned officer in the grade of captain or above.