§ 130.23. Who may convene special courts-martial. (a) Special courts-martial may be convened by–

Terms Used In N.Y. Military Law 130.23

  • 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

(1) any person who may convene a general court-martial;

(2) the commanding officer of a force of the organized militia, or of a garrison, fort, camp, station, air base or other place where members of a force of the organized militia are on duty;

(3) the commanding officer of a division, brigade, detached or separate battalion, or corresponding unit of the army national guard, the New York guard or of any other land force of the organized militia;

(4) the commanding officer of a wing, group, detached or separate squadron or corresponding unit of the air national guard;

(5) the commanding officer of any naval vessel, and the commanding officer of any area, brigade, battalion, division, marine battalion or separate marine company of the naval militia;

(6) the commanding officer of any separate or detached command or group of detached units of any of the forces of the organized militia placed under a single commander; or

(7) the commanding officer or officer in charge of any other command when empowered by the adjutant general.

(b) When any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority when deemed advisable by him.

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