(1) In the National Guard that is not in federal service, there is a military court to hear matters designated under the UtCMJ.
(2) The court shall be composed of: (a) a military judge and not fewer than three members; or (b) a military judge, if before the court is assembled, the accused, knowing the identity of the military judge and after consultation with his defense counsel, requests in writing a court composed only of a military judge, and the military judge approves the request.
(a) a military judge and not fewer than three members; or
(b) a military judge, if before the court is assembled, the accused, knowing the identity of the military judge and after consultation with his defense counsel, requests in writing a court composed only of a military judge, and the military judge approves the request.
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