In the state military forces not in federal service, there shall be three types of courts-martial:

1. (1) General courts-martial, consisting of:

   1. (a) A military judge and not less than five members; or
   2. (b) 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 in writing a court composed only of a military judge and the military judge approves; and

2. (2) Special courts-martial, consisting of:

   1. (a) A military judge and not less than three members; or
   2. (b) 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 in writing a court composed only of a military judge and the military judge approves; and
3. (3) Summary courts-martial, consisting of a military judge.