§ 30-13-27 Who may serve oncourts-martial. – (a) Any commissioned officer of or on duty with the state military forces iseligible to serve on all courts-martial for the trial of any person who maylawfully be brought before these courts for trial.
(b) Any warrant officer of or on duty with the state militaryforces is eligible to serve on general and special courts-martial for the trialof any person, other than a commissioned officer, who may lawfully be broughtbefore these courts for trial.
(c) Any enlisted member of the state military forces who isnot a member of the same unit as the accused is eligible to serve on generaland special courts-martial for the trial of any enlisted member who maylawfully be brought before these courts for trial, but the enlisted membershall serve as a member of a court only if, before the convening of the court,the accused personally has requested in writing that enlisted members serve onit. After that request, the accused may not be tried by a general or specialcourt-martial the membership of which does not include enlisted members in anumber comprising at least one-third (1/3) of the total membership of thecourt, unless eligible members cannot be obtained on account of physicalconditions or military exigencies. If these members cannot be obtained, thecourt may be convened and the trial held without them, but the conveningauthority shall make a detailed written statement, to be appended to therecord, stating why they could not be obtained.
(2) In this subsection, the word "unit" means any regularlyorganized body of the state military forces not larger than a company, asquadron, or a division of the naval militia, or a body corresponding to one ofthem.
(d) When it can be avoided, no person subject to this codemay be tried by a court-martial any member of which is junior to that person inrank or grade.
(e) When convening a court-martial, the convening authorityshall detail as members thereof such members as, in his or her opinion, arebest qualified for duty by reason of age, education, training, experience,length of service, and judicial temperament. No member is eligible to serve asa member of a general or special court-martial when he or she is the accuser ora witness for the prosecution or has acted as investigating officer or ascounsel in the same case. If within the command of the convening authoritythere is present and not otherwise disqualified a commissioned officer who is amember of the bar of the supreme court of the state and of appropriate rank andgrade, the convening authority shall appoint that officer as president of aspecial court-martial. Although this requirement is binding on the conveningauthority, failure to meet it in any case does not divest a military court ofjurisdiction.
§ 30-13-27 Who may serve oncourts-martial. – (a) Any commissioned officer of or on duty with the state military forces iseligible to serve on all courts-martial for the trial of any person who maylawfully be brought before these courts for trial.
(b) Any warrant officer of or on duty with the state militaryforces is eligible to serve on general and special courts-martial for the trialof any person, other than a commissioned officer, who may lawfully be broughtbefore these courts for trial.
(c) Any enlisted member of the state military forces who isnot a member of the same unit as the accused is eligible to serve on generaland special courts-martial for the trial of any enlisted member who maylawfully be brought before these courts for trial, but the enlisted membershall serve as a member of a court only if, before the convening of the court,the accused personally has requested in writing that enlisted members serve onit. After that request, the accused may not be tried by a general or specialcourt-martial the membership of which does not include enlisted members in anumber comprising at least one-third (1/3) of the total membership of thecourt, unless eligible members cannot be obtained on account of physicalconditions or military exigencies. If these members cannot be obtained, thecourt may be convened and the trial held without them, but the conveningauthority shall make a detailed written statement, to be appended to therecord, stating why they could not be obtained.
(2) In this subsection, the word "unit" means any regularlyorganized body of the state military forces not larger than a company, asquadron, or a division of the naval militia, or a body corresponding to one ofthem.
(d) When it can be avoided, no person subject to this codemay be tried by a court-martial any member of which is junior to that person inrank or grade.
(e) When convening a court-martial, the convening authorityshall detail as members thereof such members as, in his or her opinion, arebest qualified for duty by reason of age, education, training, experience,length of service, and judicial temperament. No member is eligible to serve asa member of a general or special court-martial when he or she is the accuser ora witness for the prosecution or has acted as investigating officer or ascounsel in the same case. If within the command of the convening authoritythere is present and not otherwise disqualified a commissioned officer who is amember of the bar of the supreme court of the state and of appropriate rank andgrade, the convening authority shall appoint that officer as president of aspecial court-martial. Although this requirement is binding on the conveningauthority, failure to meet it in any case does not divest a military court ofjurisdiction.
§ 30-13-27 Who may serve oncourts-martial. – (a) Any commissioned officer of or on duty with the state military forces iseligible to serve on all courts-martial for the trial of any person who maylawfully be brought before these courts for trial.
(b) Any warrant officer of or on duty with the state militaryforces is eligible to serve on general and special courts-martial for the trialof any person, other than a commissioned officer, who may lawfully be broughtbefore these courts for trial.
(c) Any enlisted member of the state military forces who isnot a member of the same unit as the accused is eligible to serve on generaland special courts-martial for the trial of any enlisted member who maylawfully be brought before these courts for trial, but the enlisted membershall serve as a member of a court only if, before the convening of the court,the accused personally has requested in writing that enlisted members serve onit. After that request, the accused may not be tried by a general or specialcourt-martial the membership of which does not include enlisted members in anumber comprising at least one-third (1/3) of the total membership of thecourt, unless eligible members cannot be obtained on account of physicalconditions or military exigencies. If these members cannot be obtained, thecourt may be convened and the trial held without them, but the conveningauthority shall make a detailed written statement, to be appended to therecord, stating why they could not be obtained.
(2) In this subsection, the word "unit" means any regularlyorganized body of the state military forces not larger than a company, asquadron, or a division of the naval militia, or a body corresponding to one ofthem.
(d) When it can be avoided, no person subject to this codemay be tried by a court-martial any member of which is junior to that person inrank or grade.
(e) When convening a court-martial, the convening authorityshall detail as members thereof such members as, in his or her opinion, arebest qualified for duty by reason of age, education, training, experience,length of service, and judicial temperament. No member is eligible to serve asa member of a general or special court-martial when he or she is the accuser ora witness for the prosecution or has acted as investigating officer or ascounsel in the same case. If within the command of the convening authoritythere is present and not otherwise disqualified a commissioned officer who is amember of the bar of the supreme court of the state and of appropriate rank andgrade, the convening authority shall appoint that officer as president of aspecial court-martial. Although this requirement is binding on the conveningauthority, failure to meet it in any case does not divest a military court ofjurisdiction.
