Guam § 63716 - Court-Martial Classified.

§ 63716. Court-Martial Classified.

(a) The three kinds of courts-martial in each of the Guam military forces are:

(1) General Court-Martial, which shall consist of:

(A) a military judge and not less than five (5) members; or

(B) 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;

COL 2026-04-23

(2) Special Court-Martial, which shall consist of:

(A) not less than three (3) members; or

(B) a military judge and not less than three (3) members; or

(C) only a military judge, if one has been detailed to the court and the accused under the

conditions that is prescribed in § 63716(a)(1)(B) so requests; and

(3) Summary Court-Martial, which shall consist of one (1) officer, who shall be a military judge

or an attorney who is a member of the bar of a federal court, or the highest court of a State, Territory,

Commonwealth of the United States or the District of Columbia and certified to be competent to

perform such duties by the Guam Judge Advocate General, or if such military judge or attorney is not

reasonably available, then a senior officer of the United States Armed Forces, either active, reserve or

national guard, certified as competent to perform such duties by the Guam Judge Advocate General.