(a)  In the state military forces not in federal service, 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 regiment, wing, group, detached battalion, detached squadron, or other detachment of not less than battalion or squadron level, may convene a summary court-martial consisting of one commissioned officer of a rank not less than major. The proceedings shall be informal.

Terms Used In Rhode Island General Laws 30-13-26

  • Commanding officer: includes only commissioned officers;
    (5) "Commissioned officer" includes a commissioned warrant officer;
    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command;
    (7) "Duty status other than active state duty" means any type of required duty other than that set forth in subdivision (2) of this section and includes travel to and from that duty;
    (8) "Enlisted member" means a person in an enlisted grade;
    (9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designed as a grade by law or regulation;
    (10) Law officer" means an official of a general court-martial detailed in accordance with § 30-13-28
    (11) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty (law);
    (12) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command;
    (13) "May" is used in a permissive sense. See Rhode Island General Laws 30-13-1
  • Military: refers to any or all of the armed forces;
    (15) "Military court" means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1

(b)  When only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him or her.

History of Section.
G.L. 1956, § 30-13-26; P.L. 1962, ch. 82, § 1.