West Virginia Code 15-1E-16 – Courts-martial classified
The three kinds of courts-martial in the state military forces are:
Terms Used In West Virginia Code 15-1E-16
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- military judge: means an official of a general or special court-martial detailed in accordance with section twenty-six of this article. See West Virginia Code 15-1E-1
- officer: means a commissioned or warrant officer. See West Virginia Code 15-1E-1
- record: when used in connection with the proceedings of a court-martial, means - an official written transcript, written summary, or other writing relating to the proceedings. See West Virginia Code 15-1E-1
- State: means one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U. See West Virginia Code 15-1E-1
(1) General courts-martial, consisting of:
(A) A military judge and not less than five members; or
(B) 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 only of a military judge and the military judge approves;
(2) Special courts-martial, consisting of:
(A) A military judge and not less than three members; or
(B) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in subdivision (1) of this section so requests; and
(3) Summary courts-martial, consisting of one commissioned officer.