Legislation

§ 130.16. Courts-martial classified. There shall be three kinds of
courts-martial in each of the forces of the organized militia, namely:

(1) General courts-martial, consisting of---

(A) A military judge and not less than five 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
of only a military judge and the military judge approves;

(2) Special courts-martial, consisting of---

(A) Not less than three members; or

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

(C) Only a military judge, if one has been detailed to the court, and
the accused under the same conditions as those prescribed in clause (1)
(B) so requests; and

(3) Summary courts-martial, which shall consist of one commissioned
officer.