Nevada Revised Statutes 412.304 – Courts-martial of Nevada National Guard not in federal service; composition
1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and must follow the forms and procedures provided for those courts.
Terms Used In Nevada Revised Statutes 412.304
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. The three types of courts-martial for the state military forces include:
(a) General courts-martial, consisting of:
(1) A military judge and not less than five members; or
(2) 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 of only a military judge, and the military judge approves the request.
(b) Special courts-martial, consisting of:
(1) A military judge and not less than three members; or
(2) Only a military judge if one has been detailed to the court and the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests and the military judge approves the request.
(c) Summary courts-martial, consisting of one commissioned officer.