35.120 Who may serve on courts-martial.

420 words·~2 min read·/ky/chapter-35/35-120

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

(1)Any commissioned officer of the state military forces is eligible to serve on all

courts-martial for the trial of any person subject to this code.

(2)Any warrant officer of the state military forces is eligible to serve on general and

special courts-martial for the trial of any person subject to this code, other than a

commissioned officer.

(3)Any enlisted member of the state military forces who is not a member of the same

unit as the accused is eligible to serve on general and special courts-martial for the

trial of any enlisted member subject to this code, but that member shall serve as a

member of a court only if, before the conclusion of a session called by the military

judge under KRS 35.195 prior to trial or, in the absence of such 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

such request the accused shall not be tried by a general or special court-martial the

membership of which does not include enlisted persons in a number comprising at

least one-third (1/3) of the total membership of the court, unless eligible enlisted

members cannot be obtained on account of physical conditions or military

exigencies. If enlisted members cannot be obtained, the court may be assembled and

the trial held without them, but the convening authority shall make a detailed

written statement, to be appended to the record, stating why they could not be

obtained. For the purposes of this section, the word "unit" means any regularly

organized body of the state military forces not larger than a company, a squadron, a

division of the naval militia, or a body corresponding to one

(1)of them.

(4)When it can be avoided, no person subject to this code may be tried by a court-

martial any member of which is junior to the accused in rank or grade.

(5)When convening a court-martial, the convening authority shall detail as members

thereof such members of the state military forces as, 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 is eligible to serve as a member of a general or special court-martial

when that member is the accuser, a witness, or has acted as investigating officer or

as counsel in the same case.