Section 13-801
This subtitle applies to a court-martial of the organized militia not in the service of the United States.
Section 13-802
(a) There are three types of courts-martial: (1) a general court-martial; (2) a special court-martial; and (3) a summary court-martial. (b) (1) Except as provided in paragraph (2) of this subsection, a court-martial shall be consistent with a similar court provided for by the laws and regulations governing the United States Army or Air Force regarding: (i) jurisdiction; (ii) powers, with the exception […]
Section 13-803
(a) (1) This subsection does not apply to a commissioned officer on duty during a war, insurrection, invasion, or public danger or on duty to aid civil authorities on account of any breach of peace, tumult, riot, resistance to power of the State, or imminent danger of any of these or any cases not otherwise covered. (2) A […]
Section 13-804
The military judge or officer presiding over a court-martial may: (1) issue a warrant to arrest and bring before the court for trial an accused individual who has received a copy of the charge and an order to appear and who fails to appear before the court-martial; (2) issue a subpoena to attend, give testimony, or produce […]
Section 13-805
(a) (1) Any sheriff, deputy sheriff, or police officer, or a member of the organized militia appointed by the court-martial shall serve process and execute a sentence of a court-martial of the State. (2) The individual who serves process shall make a return of service to the officer who issued service. (b) (1) An individual may not charge a fee […]
Section 13-806
A general court-martial may be convened by an order of the Governor.
Section 13-807
(a) The commanding officer of a garrison, fort, post, camp or other place, brigade, regiment, detached battalion, or other detached command or a superior authority may appoint for that command a special court-martial. (b) Except for a commissioned officer, a special court-martial may try an individual subject to military law, for any crime or offense made punishable […]
Section 13-808
(a) Enlisted soldiers and noncommissioned officers of the organized militia may be subjected to summary court–martial in accordance with the procedures and penalties adopted by the Adjutant General under § 13–302 of this title. (b) Conviction by a summary court–martial does not constitute a conviction for the purpose of any disqualification or disability imposed by law because […]
Section 13-808.1
All members of the organized militia may be subjected to nonjudicial punishment in accordance with the procedures and penalties adopted by the Adjutant General under § 13–302 of this title.
Section 13-702 – Militia in State Active Duty
(a) This section applies to the Maryland Defense Force and the National Guard. (b) The Governor may order the militia into State active duty: (1) in times of or on reasonable apprehension of imminent public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace; (2) when martial law is declared; (3) to enforce the laws; or (4) to carry […]