Article 16. Courts-martial classified

A. The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of: (a) A military judge and not less than eight members, subject to Article 29 of this Code; 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 the request. (2)(a) Special courts-martial, consisting of a military judge and not less than six members, subject to Articles 25(E)(3) and 29 of this Code; or (b) Only a military judge, under either of the following methods: (i) If the case is so referred by the convening authority, subject to Article 19(D) of this Code and such limitations as may be set forth in rules or regulations prescribed under Article 36 of this Code. (ii) If the case is referred under Subparagraph (a) of this Paragraph and, 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. (3) Summary courts-martial, consisting of one commissioned officer. B. A waiver of the right to a trial by members may be waived by the accused, but such waiver shall be exercised no later than forty-five days prior to commencement of trial on the merits in the court-martial. A waiver, once exercised, may not be revoked by the accused.