Kentucky Statutes 35.075 – Courts-martial classified
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The two (2) kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of:
(a) A military judge and not less than five (5) members; or
(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 orally on the record or in writing a court composed only of a military judge and the military judge approves; and
(2) Special courts-martial, consisting of:
(a) A military judge and not less than three (3) members; or
(b) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in subsection (1)(b) of this section so requests.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 20, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 11. — Created 1954 Ky. Acts ch. 99, sec. 14, effective July
1, 1954.
(a) A military judge and not less than five (5) members; or
Terms Used In Kentucky Statutes 35.075
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Military judge: means an official of a general and special court-martial detailed in accordance with KRS §. See Kentucky Statutes 35.010
- Record: when used in connection with the proceedings of a court-martial, means: (a) An official written transcript, written summary, or other writing relating to the
proceedings. See Kentucky Statutes 35.010 - State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
(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 orally on the record or in writing a court composed only of a military judge and the military judge approves; and
(2) Special courts-martial, consisting of:
(a) A military judge and not less than three (3) members; or
(b) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in subsection (1)(b) of this section so requests.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 20, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 11. — Created 1954 Ky. Acts ch. 99, sec. 14, effective July
1, 1954.