§ 33-13-179. Who may convene summary courts-martial
In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or of a regiment, wing, group, battalion, detached squadron, or detached company or higher command, may convene a summary court-martial.
§ 33-13-181. Who may serve on courts-martial
Any commissioned officer of the state military forces in a duty status is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. Any warrant officer of the state military forces in a duty status is eligible to serve on general and special […]
§ 33-13-183. Military judge of a court-martial
The authority convening a general or special court-martial shall, and subject to regulations issued by the Governor, the authority convening a summary court-martial may, detail a military judge. A military judge or a summary court officer shall preside over open sessions of the court-martial to which he has been detailed and shall be the approving […]
§ 33-13-185. Detail of trial counsel and defense counsel
For each general, special and summary court-martial, the authority convening the court shall detail trial counsel and defense counsel and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel or, unless expressly requested […]
§ 33-13-151. Courts-martial classified; composition
The three (3) kinds of courts-martial in each of the state military forces are: General court-martial consisting of: A military judge and not less than six (6) members; or 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 […]
§ 33-13-153. Jurisdiction of courts-martial in general
Each force of the state military forces has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the Governor.
§ 33-13-17. Apprehension
Apprehension is the taking of a person into custody. Any commissioned officer, warrant officer, noncommissioned officer or military policeman when in the execution of his guard or police duties, any marshal of a court-martial appointed pursuant to the provisions of this code, any peace officer having authority to apprehend offenders under the laws of the […]
§ 33-13-19. Apprehension of deserters
Any civil officer or peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces.
§ 33-13-21. Imposition of restraint
Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within specified limits. Confinement is the physical restraint of a person. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in […]
§ 33-13-23. Restraint of persons charged with offenses; confinement in civilian institutions
Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement as circumstances may require; but when charged with only an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement unless a threat to himself or others. When any […]