1. A. A general, special or summary court-martial may be convened by the governor or by the adjutant general.
2. B. A special or summary court-martial may be convened by the assistant adjutant general of the army national guard, as to all members of the army national guard; by the land component commander, as to members of the land component commander's command; by the commanding officer of any brigade-level headquarters, as to members of the commanding officer's command; by the assistant adjutant general of the air national guard, as to all members of the air national guard; by the assistant adjutant general of the state defense force, as to all members of the state defense force; and to the commanders of such equivalent level commands as may be organized in the future.
3. C. A summary court-martial may be convened by a battalion commander, group commander or equivalent, as to all members of the commander's command.
4. D. Nonjudicial punishment authority is conferred upon all general, special or summary court-martial convening authorities and upon company, battery and squadron commanders or equivalent, as to members of their command.

History: 1978 Comp., § 20-12-4, enacted by Laws 1987, ch. 318, § 89; 2018, ch. 6, § 3; 2021, ch. 55, § 9.

ANNOTATIONS

The 2021 amendment, effective June 18, 2021, authorized the land component commander to convene a special or summary court-martial as to members of the state defense force under the command of the land component commander; and in Subsection B, after "army national guard", added "by the land component commander, as to members of the land component commander's command", after the first occurrence of "commanding", deleted "general" and added "officer", and after the second occurrence of "commanding", deleted "general's" and added "officer's".

The 2018 amendment, effective July 1, 2018, updated the designation of special or summary court-martial convening authorities; in Subsection B, after "by the commanding general of", deleted "the 111th air defense artillery brigade" and added "any brigade-level headquarters", after "as to members of", deleted "his" and added "the commanding general’s", and after "command", deleted "by the commanding officer of troop command, as to all members of his command"; and in Subsection C, after "all members of", deleted "his" and added "the commander’s".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Military, and Civil Defense § 260 et seq.

6 C.J.S. Armed Services §§ 295, 298.