Sec. 26.05.415. Courts-martial classified.
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Sec. 26.05.415. Courts-martial classified.
The military courts for the militia of the state are
(1)a general court-martial, consisting of
(A)a military judge, not fewer than five members, and not fewer than one alternate member; 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 orally on the record or in writing a court composed of only a military judge and the military judge approves;
(2)a special court-martial, consisting of
(A)a military judge, not fewer than three members, and not fewer than one alternate member; or
(B)only a military judge, if one has been detailed to the court, and the accused so requests under the conditions prescribed in (1)(B) of this section; and
(3)a summary court-martial, consisting of one commissioned officer.