Courts-martial classified; general courts-martial; special courts-martial; summary courts-martial

(a) There shall be three kinds of courts-martial in each of the state military forces as follows: (1) General courts-martial, as described in subsection (b); (2) Special courts-martial, as described in subsection (c); and (3) Summary courts-martial, as described in subsection (d). (b) General courts-martial shall consist of: (1) A military judge and no less than eight members; or (2) A military judge alone, 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 the request. (c) Special courts-martial shall consist of: (1) A military judge and no less than four members; or (2) A military judge alone: (A) If the case is so referred by the convening authority, subject to section 124B-34; or (B) If the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally or on the record or in writing, a court composed of a military judge alone and the military judge approves the request. (d) Summary courts-martial shall consist of one commissioned officer.