Section 130.23. Who may convene special courts-martial  


Latest version.
  • (a)  Special
      courts-martial may be convened by--
        (1) any person who may convene a general court-martial;
        (2) the commanding officer of a force of the organized militia, or  of
      a  garrison,  fort, camp, station, air base or other place where members
      of a force of the organized militia are on duty;
        (3) the  commanding  officer  of  a  division,  brigade,  detached  or
      separate  battalion,  or  corresponding unit of the army national guard,
      the New York guard or of any other land force of the organized militia;
        (4) the commanding officer of a  wing,  group,  detached  or  separate
      squadron or corresponding unit of the air national guard;
        (5)  the  commanding  officer  of any naval vessel, and the commanding
      officer of any area, brigade, battalion, division, marine  battalion  or
      separate marine company of the naval militia;
        (6)  the  commanding  officer  of  any separate or detached command or
      group of detached units of any of the forces of  the  organized  militia
      placed under a single commander; or
        (7)  the  commanding officer or officer in charge of any other command
      when empowered by the adjutant general.
        (b) When any such officer is an accuser, the court shall  be  convened
      by superior competent authority, and may in any case be convened by such
      authority when deemed advisable by him.