26-1016. Courts-martial; classifications The three kinds of courts-martial in the national guard are: 1. General courts-martial, consisting of one of the following: (a) A military judge and not less than five members. (b) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation […]
26-1017. Jurisdiction of courts-martial; in general The national guard has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction over personnel of another branch shall be in accordance with rules adopted by the governor.
26-1018. Jurisdiction of general courts-martial Subject to section 26-1017, general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and, under limitations as the governor prescribes, may sentence convicted persons to any combination of the following: 1. A fine of not more than three hundred sixty-five […]
26-1019. Jurisdiction of special courts-martial Subject to section 26-1017, special courts-martial have jurisdiction to try persons subject to this chapter, except commissioned officers, for any offense made punishable by this chapter and have the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial shall not be more […]
26-1020. Jurisdiction of summary courts-martial Subject to section 26-1017, summary courts-martial have jurisdiction to try persons subject to this chapter, except officers and candidates, for any offense made punishable by this chapter. A person with respect to whom summary courts-martial have jurisdiction shall not be brought to trial before a summary court-martial if the person […]
26-1021. Jurisdiction of courts-martial not exclusive A. The provisions of this chapter conferring jurisdiction on courts-martial do not deprive any other courts of this state of concurrent jurisdiction with respect to offenders or offenses that by statute may be tried by those courts. B. Instead of imposing a fine, a court-martial may sentence an offender […]
