Section 33-10-3 - Special or summary courts-martial--Convening authority--Jurisdiction--Punishment. - South Dakota Statutes

33-10-3. Special or summary courts-martial--Convening authority--Jurisdiction--Punishment. The commanding officer of any National Guard unit not in the service of the United States may convene special or summary courts-martial for the unit if the unit commander is required to be an officer of the rank of at least lieutenant colonel and if the convening authority holds the rank of lieutenant colonel or higher. However, such courts-martial may in any case be convened by superior authority. Special or summary courts-martial may try any member of the National Guard not in the service of the United States, except a commissioned officer. The special or summary courts-martial have the same powers of punishment as do general courts-martial, except as limited by the Uniform Code of Military Justice in effect on January 1, 2007, and the South Dakota manual for courts-martial. No special court-martial may impose a dishonorable discharge. No summary court-martial may discharge or dismiss any member from the National Guard.

Source: SL 1917, ch 297, § 57; RC 1919, § 10617; SDC 1939, § 41.0166; SL 1990, ch 263, § 2; SL 2007, ch 187, § 87.