Oklahoma § 44-816 - Courts-martial classified

§ 44-816. Courts-martial classified

ARTICLE 16. Courts-martial classified.

A. The three kinds of courts-martial in the state military

forces are the following:

Oklahoma Statutes - Title 44. Militia

1. General courts-martial, as described in subsection B of this

section;

2. Special courts-martial, as described in subsection C of this

section; and

3. Summary courts-martial, as described in subsection D of this

section.

B. General courts-martial. General courts-martial are of the

following two types:

1. A general court-martial consisting of a military judge and

eight members, subject to paragraph 3 of subsection E of Section 825

and Section 829 of this title (Article 25, subsection E, paragraph

3, and Article 29); and

2. A general court-martial consisting of a military judge

alone, if, before the court is assembled, the accused, knowing the

identity of the military judge and after consultation with defense

counsel, requests, orally on the record or in writing, a court

composed of a military judge alone and the military judge approves

the request.

C. Special courts-martial. Special courts-martial are of the

following two types:

1. A special court-martial consisting of a military judge and

four members, subject to paragraph 3 of subsection E of Section 825

and Section 829 of this title (Article 25, subsection E, paragraph

3, and Article 29); and

2. A special court-martial consisting of a military judge

alone:

a.

if the case is so referred by the convening authority,

subject to Section 819 of this title (Article 19) and

such limitations as may be prescribed by regulations

promulgated by the Adjutant General, or

b.

if the case is referred under paragraph 1 of this

subsection and, before the court is assembled, the

accused, knowing the identity of the military judge

and after consultation with defense counsel, requests,

orally on the record or in writing, a court composed

of a military judge alone and the military judge

approves the request.

D. Summary court-martial. A summary court-martial consists of

one commissioned officer.

Added by Laws 2019, c. 408, § 22, eff. Oct. 1, 2019.