2005 West Virginia Code - §15-1E-17. — Courts-martial classified.

§15-1E-17. Courts-martial classified.

The three kinds of courts-martial in the state military forces are:
(1) General courts-martial, consisting of:
(i) A military judge and not less than five members; or
(ii) 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 in writing a court composed only of a military judge and the military judge approves.
(2) Special courts-martial, consisting of:
(i) Not less than three members;
(ii) A military judge and not less than three members; or
(iii) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (ii), subdivision (1) so requests.
(3) Summary courts-martial, consisting of one commissioned officer.