Sec. 26.05.460. Who may convene a summary court-martial.

180 words·~1 min read·/ak/title-26/chapter-5/26-05-460

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A summary court-martial may be convened by

(1)a person who may convene a general or special court-martial;

(2)the commanding officer of a detached company or other detachment or the commanding officer of a corresponding unit of the United States Army;

(3)the commanding officer of a detached squadron or other detachment or the commanding officer of a corresponding unit of the United States Air Force; or

(4)the commanding officer or officer in charge of any other command when empowered to do so by the adjutant general.

(b)If only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. If the officer who is authorized to convene a summary court-martial is the accuser in the matter, the court hearing the matter shall be convened by a superior competent authority, if practicable.

(c)A superior authority may convene a summary court-martial if the superior authority considers it desirable.