48-2401. (KCMJ Art. 16) Courts-martial classified. - Kansas Statutes

48-2401

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 24.--CODE OF MILITARY JUSTICE; COURTS-MARTIAL JURISDICTION

      48-2401.   (KCMJ Art. 16) Courts-martial classified.(a) In the state military forces not in federal service, there aregeneral, special and summary courts-martial constituted like similar courts of thearmed forces of the United States. Such state military courts have thejurisdiction and powers, except as to punishments, and shall follow theforms and procedures provided for those courts of the armed forces of theUnited States.

      (b)   The three kinds of courts-martial are:

      (1)   General courts-martial consisting of:

      (A)   A military judge and not lessthan five members; or

      (B)   only a military judge, if before the court isassembled the accused, knowing the identity of the military judge and afterconsultation with defense counsel, requests orally on the record or inwriting a court composedonly of a military judge and the military judge approves.

      (2)   Special courts-martial consisting of:

      (A)   Not less than three members;

      (B)   a military judge and not less than three members; or

      (C)   only a military judge, if one has been detailed to the court, andthe accused, under the same conditions as those prescribed in subsection(b)(1)(B), so requests.

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

      History:   L. 1972, ch. 203, § 48-2401;L. 1988, ch. 191, § 11; July 1.