(a) There shall be three kinds of courts-martial in each of the state military forces as follows:

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Terms Used In Hawaii Revised Statutes 124B-31

  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124B-1
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Hawaii Revised Statutes 124B-1
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
(1) General courts-martial, as described in subsection (b);
(2) Special courts-martial, as described in subsection (c); and
(3) Summary courts-martial, as described in subsection (d).
(b) General courts-martial shall consist of:

(1) A military judge and no less than eight members; or
(2) A military judge alone, if before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves the request.
(c) Special courts-martial shall consist of:

(1) A military judge and no less than four members; or
(2) A military judge alone:

(A) If the case is so referred by the convening authority, subject to section 124B-34; or
(B) If the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally or on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
(d) Summary courts-martial shall consist of one commissioned officer.

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