412.304 - Courts-martial of Nevada National Guard not in federal service; composition. - Nevada Statutes

412.304  Courts-martial of Nevada National Guard not in federal service; composition.

      1.  In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.

      2.  Courts-martial shall be constituted as follows:

      (a) General courts-martial consisting of:

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

             (2) A military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge, and after consultation with defense counsel, requests in writing, a court composed only of a military judge, provided the military judge approves. A court composed only of a military judge is not available to one accused of an offense punishable by death, except when the case has been referred to a trial as a noncapital case.

      (b) Special courts-martial consisting of:

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

             (2) A military judge alone, if the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests.

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

      (Added to NRS by 1967, 1315; A 1973, 133)