State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 15 > 15-1e-17

§15-1E-17. Courts-martial classified.

The three kinds of courts-martial in the state military forces are:

(1) General courts-martial, consisting of:

(i) A military judge and not less than five members; or

(ii) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves.

(2) Special courts-martial, consisting of:

(i) Not less than three members;

(ii) A military judge and not less than three members; or

(iii) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (ii), subdivision (1) so requests.

(3) Summary courts-martial, consisting of one commissioned officer.