40.050. Personnel serving on courts for courts-martial--branches of national guard, jurisdiction. - Missouri Statutes

Personnel serving on courts for courts-martial--branches ofnational guard, jurisdiction.

40.050. 1. The three kinds of courts-martial in the statemilitary forces are:

(1) General courts-martial, consisting of:

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

(b) Only a military judge, if before the court is assembledthe accused, knowing the identity of the military judge and afterconsultation with defense counsel, requests in writing a courtcomposed only of a military judge and the military judgeapproves;

(2) Special courts-martial, consisting of:

(a) Not less than twelve members;

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

(c) Only a military judge, if one has been detailed to thecourt, and the accused under the same conditions as thoseprescribed in paragraph (b) of subdivision (1) of this subsectionso requests;

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

2. The army national guard and the air national guard eachhas court-martial jurisdiction over all persons subject tosections 40.005 to 40.490. The exercise of jurisdiction by thearmy national guard over air guard personnel, or the air nationalguard over army guard personnel shall be in accordance withregulations prescribed by the governor.

(L. 1984 H.B. 1035 § 16)