SUBPART D. COURT-MARTIAL JURISDICTION
§116. Article 16. Courts-martial classified
A. The three kinds of courts-martial in the state military forces are:
(1) general courts-martial, consisting of:
(a) a military judge and not less than six members; or
(b) 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)(a) special courts-martial, consisting of a military judge and not less than six members; or
(b) 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.
(3) summary courts-martial, consisting of one commissioned officer.
B. A waiver of the right to a trial by members may be waived by the accused, but such waiver shall be exercised no later than forty-five days prior to commencement of trial on the merits in the court-martial. A waiver, once exercised, may not be revoked by the accused.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2017, No. 75, §1, eff. June 8, 2017.
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