[§124B-44] Who may serve on courts-martial.

547 words·~2 min read·/hi/124b-44

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

(a)Any commissioned officer of the state military forces shall be eligible to serve on all courts-martial for the trial of any person subject to this chapter.

(b)Any warrant officer of the state military forces shall be eligible to serve on general and special courts-martial for the trial of any person subject to this chapter, other than a commissioned officer.

(c)Any enlisted member of the state military forces who is not a member of the same unit as the accused shall be eligible to serve on general and special courts-martial for the trial of any enlisted member subject to this chapter; provided that the member shall serve as a member of a court only if before the conclusion of a session called by the military judge under section 124B-64 before trial or, in the absence of a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After a request, the accused shall not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If the eligible enlisted members cannot be obtained, the court may be assembled and the trial held without the eligible enlisted members; provided that the convening authority shall make a detailed written statement to be appended to the record stating why eligible enlisted members could not be obtained.

(d)The accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.

(e)When it can be avoided, no person subject to this chapter shall be tried by a court-martial of which any member is junior to the accused in rank or grade.

(f)When convening a court-martial, the convening authority shall detail as members of a court-martial members of the state military forces that in the convening authority's opinion are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces shall be eligible to serve as a member of a general or special court-martial when that member is the accuser or a witness, or has acted as investigating officer or as counsel in the same case.

(g)The convening authority shall detail no less than the number of members necessary to impanel the court-martial under section 124B-49.

(h)Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant judge advocate.

(i)For purposes of this section, "unit" means any regularly organized body of the state military forces no larger than a company, squadron, division of the naval militia, or body corresponding to one of them. [L 2022, c 286, pt of §2]