Washington Code 38.38.244 – Special courts-martial of organized militia not in federal service — Who may convene
Current as of: 2023 | Check for updates
|
Other versions
(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.
Terms Used In Washington Code 38.38.244
- Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused. See Washington Code 38.38.004
- Commanding officer: includes only commissioned officers in command of a unit. See Washington Code 38.38.004
- Commissioned officer: includes a commissioned warrant officer. See Washington Code 38.38.004
- militia: shall mean the military forces provided for in the Constitution and laws of the state of Washington. See Washington Code 38.04.010
- Officer: means commissioned or warrant officer. See Washington Code 38.38.004
(2) A special court-martial may not try a commissioned officer.