35.075 Classification of courts-martial.
(1) In the National Guard and active militia there are general, special and summary
courts-martial constituted like similar courts of the Armed Forces of the United <br>States. They have the jurisdiction and powers, except as to punishments, and shall <br>follow the forms and procedures provided for those courts.
(2) The three (3) kinds of courts-martial are:
(a) General courts-martial:
1.
Consisting of a military judge and not less than five (5) members; or
2.
Only a military judge, if before the court is assembled the accused, <br>knowing the identity of the military judge and after consultation with <br>defense counsel, requests in writing a court composed only of a military <br>judge and the military judge approves.
(b) Special courts-martial:
1.
Consisting of a military judge and not less than three (3) members; or
2.
Only a military judge if the accused under the same conditions as those <br>prescribed in subparagraph (2)(a)2. of this subsection so requests.
(c) Summary courts-martial, consisting of one (1) commissioned officer.
History: Amended 1970 Ky. Acts ch. 56, sec. 11. -- Created 1954 Ky. Acts ch. 99,
sec. 14, effective July 1, 1954.
35.075 Classification of courts-martial.
(1) In the National Guard and active militia there are general, special and summary
courts-martial constituted like similar courts of the Armed Forces of the United <br>States. They have the jurisdiction and powers, except as to punishments, and shall <br>follow the forms and procedures provided for those courts.
(2) The three (3) kinds of courts-martial are:
(a) General courts-martial:
1.
Consisting of a military judge and not less than five (5) members; or
2.
Only a military judge, if before the court is assembled the accused, <br>knowing the identity of the military judge and after consultation with <br>defense counsel, requests in writing a court composed only of a military <br>judge and the military judge approves.
(b) Special courts-martial:
1.
Consisting of a military judge and not less than three (3) members; or
2.
Only a military judge if the accused under the same conditions as those <br>prescribed in subparagraph (2)(a)2. of this subsection so requests.
(c) Summary courts-martial, consisting of one (1) commissioned officer.
History: Amended 1970 Ky. Acts ch. 56, sec. 11. -- Created 1954 Ky. Acts ch. 99,
sec. 14, effective July 1, 1954.
35.075 Classification of courts-martial.
(1) In the National Guard and active militia there are general, special and summary
courts-martial constituted like similar courts of the Armed Forces of the United <br>States. They have the jurisdiction and powers, except as to punishments, and shall <br>follow the forms and procedures provided for those courts.
(2) The three (3) kinds of courts-martial are:
(a) General courts-martial:
1.
Consisting of a military judge and not less than five (5) members; or
2.
Only a military judge, if before the court is assembled the accused, <br>knowing the identity of the military judge and after consultation with <br>defense counsel, requests in writing a court composed only of a military <br>judge and the military judge approves.
(b) Special courts-martial:
1.
Consisting of a military judge and not less than three (3) members; or
2.
Only a military judge if the accused under the same conditions as those <br>prescribed in subparagraph (2)(a)2. of this subsection so requests.
(c) Summary courts-martial, consisting of one (1) commissioned officer.
History: Amended 1970 Ky. Acts ch. 56, sec. 11. -- Created 1954 Ky. Acts ch. 99,
sec. 14, effective July 1, 1954.
