§ 130.17. Jurisdiction of courts-martial in general. Each force of the organized militia shall have court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations issued pursuant to this chapter.

Terms Used In N.Y. Military Law 130.17

  • 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.
  • Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;

    (2) "Officer" means a commissioned officer including a commissioned warrant officer;

    (3) "Superior officer" means an officer superior in rank or command;

    (4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;

    (5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;

    (6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;

    (7) "Military court" means a court-martial, a court of inquiry, a provost court;

    (8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
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