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Current as of January 01, 2026 | Updated by Findlaw Staff
There shall be three kinds of courts-martial in each of the forces of the organized militia, namely:
(1) General courts-martial, consisting of--
(A) A military judge and not less than five members; or
(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 in writing a court composed of only a military judge and the military judge approves;
(2) Special courts-martial, consisting of--
(A) Not less than three members; or
(B) A military judge and not less than three members; or
(C) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and
(3) Summary courts-martial, which shall consist of one commissioned officer.
Cite this article: FindLaw.com - New York Consolidated Laws, Military Law - MIL § 130.16. Courts-martial classified - last updated January 01, 2026 | https://codes.findlaw.com/ny/military-law/mil-sect-130-16/
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