---
title: O.C.G.A. § 38-2-1020. Summary courts-martial.
collection: code
id: 38-2-1020
cite_as: O.C.G.A. § 38-2-1020 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1020
md_url: https://georgiacommons.org/code/38-2-1020.md
text_url: https://georgiacommons.org/code/38-2-1020/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=458
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / CLASSIFICATION OF COURTS-MARTIAL
---

# O.C.G.A. § 38-2-1020. Summary courts-martial.

(a) Subject to Code Section 38-2-1017, summary courts-martial shall have jurisdiction to try persons subject to this article, except for commissioned or warrant officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(b) No person with respect to whom summary courts-martial shall have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial shall be ordered, as may be appropriate. Summary courts-martial shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:

(1) Confinement for a period of not more than one month;

(2) Restriction to specified limits for not more than two months;

(3) Forfeiture of all or a portion of pay and allowances for not more than 60 days;

(4) Restitution;

(5) Reduction of no more than two grades of enlisted persons;

(6) A reprimand; and

(7) No punishment.

## History

Code 1981, § 38-2-1020, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

## U.s. Code.

For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 820.