130.16 – Courts-Martial Classified.

§ 130.16. Courts-martial  classified.    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.