U.S. Code » Title 32 » Chapter CHAPTER 3— PERSONNEL

32 U.S.C. § 326

Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures

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In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. Punishments shall be as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1971–2023 · leading case: United States v. Joseph Merlino, 785 F.3d 79 (3rd Cir. 2015).
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United States v. Joseph Merlino, 785 F.3d 79 (3rd Cir. 2015). · cites it 2× “”); 32 U.S.C. § 326 (“In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force.”
Abbott v. Biden, 70 F.4th 817 (5th Cir. 2023). · cites it 3× “32 U.S.C. §§ 326–27. (2) Discharge from the National Guard.”
Gen. Court-Martial Case of Riemer v. Riemer, 2017 WI App 48 (Wis. Ct. App. 2017). “32 U.S.C. § 326 . In 2008, Wisconsin enacted the Wisconsin Code of Military Justice, which provides for court-martial jurisdiction for Wisconsin National Guard members.”
State ex rel. Games-Neely v. Sanders, 575 S.E.2d 320 (W. Va. 2002). “32 U.S.C. § 326 . Although the federal law regarding the convening of courts-martial is couched in permissive terms, no latitude as to the application of the prescribed punishment is provided.”
Miller v. Rockefeller, 327 F. Supp. 542 (S.D.N.Y. 1971). · cites it 2× “In 32 U.S.C. § 326 , Congress has provided that in the National Guard not in federal service courts-martial shall “have the jurisdiction and powers, * * * and shall follow the forms and procedures, provided for” similar courts of the Army and the Air Force.”
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