§44-825. Who may serve on courts-martial.
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/ok/title-44-militia/44-825·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
ARTICLE 25. Who may serve on courts-martial.
A. Any commissioned officer who is a member of the same force component as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
B. Any warrant officer who is a member of the same force component as the accused is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
C. 1. Any enlisted member from the same force component as the accused is eligible to serve on a general or special court-martial for the trial of an enlisted member.
2. Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that:
a. the membership of the court-martial be comprised
entirely of officers, or
b. enlisted members comprise at least one-third (1/3) of
the membership of the court-martial, regardless of
whether enlisted members have been detailed to the
court-martial.
3. After such a request, the accused may not be tried by a general or special court-martial if the membership of the court- martial is inconsistent with the request.
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. 1. No person subject to the Oklahoma Uniform Code of Military Justice may be tried by a court-martial any member of which is junior to him or her in rank or grade.
2. When convening a court-martial, the convening authority shall detail as members thereof such members of the same force component as the accused as, in his or her 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 force is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness or has acted as preliminary hearing officer or as counsel in the same case.
3. The convening authority shall detail not less than the number of members necessary to impanel the court-martial under Section 829 of this title (Article 29).
F. 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. Under regulations promulgated by the Adjutant General, the convening authority may delegate his or her authority under this subsection to his or her staff judge advocate, to an assistant staff judge advocate or to any other principal assistant. Added by Laws 2019, c. 408, § 31, eff. Oct. 1, 2019.