Section 26.05.460. Who may convene a summary court-martial.

   (a) A summary court-martial may be convened by
        (1) a person who may convene a general or special court-martial;
        (2) the commanding officer of a detached company or other detachment or the commanding officer of a corresponding unit of the United States Army;
        (3) the commanding officer of a detached squadron or other detachment or the commanding officer of a corresponding unit of the United States Air Force; or
        (4) the commanding officer or officer in charge of any other command when empowered to do so by the adjutant general.
   (b) If only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. If the officer who is authorized to convene a summary court-martial is the accuser in the matter, the court hearing the matter shall be convened by a superior competent authority, if practicable.
   (c) A superior authority may convene a summary court-martial if the superior authority considers it desirable.

Notes

History

(Sec. 4 ch 55 SLA 2016)