§ 127A-50. Summary courts-martial.

364 words·~2 min read·/nc/chapter-127a/127a-50

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

(a)In the North Carolina National Guard, not in the service of the United States, summary courts-martial may be appointed by any of the following:

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

(2)The commander of a battalion, comparable or higher command of the North Carolina Army National Guard, provided that the commander is an officer of the grade of major or above.

(3)The commander of a detached squadron, comparable or higher command of the North Carolina Air National Guard, provided that the commander is an officer of the grade of major or above.

(b)The court shall consist of one officer who shall have the power to administer oaths and try enlisted personnel of each respective command for breaches of discipline and violations of laws governing those organizations.

(c)The summary courts-martial officer shall have the power to impose punishments in like manner and to the extent prescribed by the Uniform Code of Military Justice and Manual for Courts-Martial, United States, as shall be in use by the Armed Forces of the United States at the time of the offense, except that no such court shall have the authority to impose confinement as part of a sentence. There shall be no right to demand trial by general or special court-martial.

(d)When the summary courts-martial officer is a military judge appointed under G.S. 127A-50.1, the summary courts-martial officer shall have the enhanced punishment authority to impose forfeitures of two-thirds pay for one month, to impose extra duty, to reduce the rank of enlisted persons with a rank of E-7 or above by up to two ranks, and to reduce the rank of enlisted persons with a rank of E-6 or below to the rank of E-1. No such court shall have the authority to impose confinement as part of a sentence. There shall be no right to demand trial by general or special court-martial. (1917, c. 200, s. 58; C.S., s. 6828; 1957, c. 136, s. 9; 1963, c. 1018, s. 4; 1975, c. 604, s. 2; 1983, c. 315, s. 1; 2009-281, s. 1; 2010-193, s. 4; 2011-195, s. 1(a); 2025-51, s. 8(a).)