O.C.G.A.

O.C.G.A. § 38-2-1016 (2019)

Classification of courts-martial

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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There shall be three kinds of courts-martial in the organized militia:

(1) General courts-martial, which shall consist of:

(A) A military judge and not less than six 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 orally on the record or in writing a court composed of only a military judge and the military judge approves;

(2) Special courts-martial, which shall consist of:

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

(B) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those provided for in subparagraph (B) of paragraph (1) of this Code section so requests; and

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

History

Code 1981, § 38-2-1016, enacted by Ga. L. 2015, p. 753, § 1/HB 98. U.S. Code. - For similar provision in

Uniform Code of Military Justice, see 10 U.S.C. § 816.

Annotations

RESEARCH REFERENCES ALR. - Use of prior military conviction to establish repeat offender status, 11 A.L.R.5th 218.