TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 5 CODE OF MILITARY JUSTICE

38-2-1016. Classification of courts-martial.

There shall be three kinds of courts-martial in the organized militia:

1. General courts-martial, which shall consist of:
   1. A military judge and not less than six members; or
   2. 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:
   1. A military judge and not less than six members; or
   2. 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.

(Code 1981, §38-2-1016, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)