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Section 5501 – Who may convene general courts-martial

§ 5501. Who may convene general courts-martial. (a) General rule.–General courts-martial may be convened by any of the following: (1) The Governor. (2) The Adjutant General. (3) A deputy adjutant general authorized by a regulation of the Governor. (4) The commanding general of a division. (5) The general officer in command of a wing. (b) […]

Section 5502 – Who may convene special courts-martial

§ 5502. Who may convene special courts-martial. (a) General rule.–Special courts-martial may be convened by any of the following: (1) Any person who may convene a general court-martial. (2) The commanding officer of a garrison, fort, post, camp, station, Pennsylvania National Guard base or station. (3) The commanding officer of a brigade, regiment or corresponding […]

Section 5503 – Who may convene summary courts-martial

§ 5503. Who may convene summary courts-martial. (a) General rule.–Summary courts-martial may be convened by any of the following: (1) Any person who may convene a general or special court-martial. (2) The commanding officer of a company, a detached company or other detachment or corresponding unit of the Army. (3) The commanding officer of a […]

Section 5504 – Who may serve on courts-martial

§ 5504. Who may serve on courts-martial. (a) Commissioned officer.–Any commissioned officer of the State military forces who is not a member of the same unit as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. (b) Warrant officer.–Any […]

Section 5505 – Military judge of a general or special court-martial

§ 5505. Military judge of a general or special court-martial. (a) General rule.–A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (b) Eligibility.–A military judge shall be: (1) a judge advocate in […]

Section 5506 – Appointment of trial counsel and defense counsel

§ 5506. Appointment of trial counsel and defense counsel. (a) General rule.–For each general and special court-martial, the convening authority for the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, witness or court member in any case shall act subsequently […]

Section 5507 – Detail or employment of reporters and interpreters

§ 5507. Detail or employment of reporters and interpreters. Under such regulations as the Governor or department may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under like regulations, the […]

Section 5508 – Absent and additional members

§ 5508. Absent and additional members. (a) Authorized absence.–No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused, except by the military judge as a result of a challenge, for physical disability or other good cause or by order of […]