Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 4. CLASSIFICATION OF COURTS-MARTIAL

38-2-1016. Classification of courts-martial.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

There shall be three kinds of courts-martial in the organized militia:
(1)
General courts-martial, which shall consist of:#
1. (A)
  A military judge and not less than six members; or#
2. (B)
  Only a military judge, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge and the military judge approves;#
(2)
Special courts-martial, which shall consist of:#
1. (A)
  A military judge and not less than six members; or#
2. (B)
  Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those provided for in subparagraph (B) of paragraph (1) of this Code section so requests; and#
(3)
Summary courts-martial, consisting of one commissioned officer.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1016, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Other notes

U.S. Code.: For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 816.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, page 456; merge action: carried; file SHA-256 4eed692485f5.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.