Oklahoma § 44-820 - Jurisdiction and appeals of summary courts-martial

§ 44-820. Jurisdiction and appeals of summary courts-martial

ARTICLE 20. Jurisdiction and appeals of summary courts-martial.

A. Subject to Section 817 of this title (Article 17), summary

courts-martial have jurisdiction to try persons subject to the

Oklahoma Uniform Code of Military Justice, except officers, cadets

and officer candidates for any offense made punishable by the Code

under such limitations as may be prescribed by regulation

promulgated by the Governor or Adjutant General. No person with

respect to whom summary courts-martial have jurisdiction shall be

Oklahoma Statutes - Title 44. Militia

brought to trial before a summary court-martial if he or she objects

thereto. If objection to trial by summary court-martial is made by

an accused, trial may be ordered by special or general court-martial

as may be appropriate. Summary courts-martial may, under such

limitations as may be prescribed by regulation promulgated by the

Governor or Adjutant General, adjudge any punishment not forbidden

by the Code except dismissal, dishonorable or bad-conduct discharge,

confinement for more than one (1) month, hard labor without

confinement for more than forty-five (45) days, restriction to

specified limits for more than two (2) months, or forfeiture of more

than two-thirds (2/3) of one (1) month's pay.

B. A summary court-martial is a noncriminal forum. A finding

of guilty at a summary court-martial does not constitute a criminal

conviction.

C. Regular appeals. A person found guilty at a summary courtmartial who considers the punishment unjust or disproportionate to

the offense may appeal to a senior officer designated by the

Adjutant General to adjudicate appeals. A senior officer designated

by the Adjutant General shall be an officer assigned to joint forces

headquarters and shall be a member of the same component of the

state military forces as the accused. An appeal made pursuant to

this subsection shall be lodged within thirty (30) calendar days

after the date the accused receives written notice from the

convening authority that the convening authority has complied with

the requirements of subsection B of Section 860C of this title

(Article 860C, subsection B). Before acting on an appeal submitted

pursuant to this subsection, the senior officer exercising appellate

authority shall refer the case to a judge advocate for consideration

and advice. When a senior officer is designated by the Adjutant

General to adjudicate appeals pursuant to this subsection, such

designation shall be accomplished in writing and shall be considered

a military publication, as defined in Section 801 of this title

(Article 1).

D. Appeals in certain instances. Except for summary courtsmartial convened by the Governor or the Adjutant General, the final

appellate authority for summary courts-martial convened pursuant to

this Code shall be the Adjutant General. A person found guilty at a

summary court-martial whose appeal was previously denied by a senior

officer designated to adjudicate appeals may lodge an additional

appeal with the Adjutant General within fifteen (15) calendar days

after the appeal is denied. In the event the officer who convened

the summary court-martial is a senior officer who is also designated

to adjudicate appeals, an appeal thereof shall be addressed directly

to the Adjutant General. In the event the officer who convened the

summary court-martial is the Adjutant General, an appeal thereof

shall be addressed directly to the Governor. An appeal offered

pursuant to this subsection shall be made only in writing. Neither

Oklahoma Statutes - Title 44. Militia

the Governor nor the Adjutant General shall delegate his or her

duties as an appellate authority under this subsection.

E. The Adjutant General may promulgate regulations prescribing

the type and form of records to be kept of appellate proceedings

undertaken pursuant to subsections C and D of this section.

Added by Laws 2019, c. 408, § 26, eff. Oct. 1, 2019. Amended by

Laws 2021, c. 12, § 13, emerg. eff. April 13, 2021.