N.Y. Military Law 130.24 – Who may convene summary courts-martial
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§ 130.24. Who may convene summary courts-martial. (a) Summary courts-martial may be convened by–
Terms Used In N.Y. Military Law 130.24
- 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 or special court-martial;
(2) the commanding officer of a detached or separate company or corresponding unit or other detachment of a force of the organized militia;
(3) the commanding officer or officer in charge of any other command when empowered by the adjutant general.
(b) When but one officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when deemed desirable by him.