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35.120 Who may serve on courts-martial.
(1)
(2)
(3)
(4)
(5)
Any commissioned officer of the state military forces is eligible to serve on all
courts-martial for the trial of any person subject to this code.
Any warrant officer of the state military forces is eligible to serve on general and
special courts-martial for the trial of any person subject to this code, other than a
commissioned officer.
Any enlisted member of the state military forces who is not a member of the same
unit as the accused is eligible to serve on general and special courts-martial for the
trial of any enlisted member subject to this code, but that member shall serve as a
member of a court only if, before the conclusion of a session called by the military
judge under KRS 35.195 prior to trial or, in the absence of such a session, before
the court is assembled for the trial of the accused, the accused personally has
requested orally on the record or in writing that enlisted members serve on it. After
such request the accused shall not be tried by a general or special court-martial the
membership of which does not include enlisted persons in a number comprising at
least one-third (1/3) of the total membership of the court, unless eligible enlisted
members cannot be obtained on account of physical conditions or military
exigencies. If enlisted members cannot be obtained, the court may be assembled and
the trial held without them, but the convening authority shall make a detailed
written statement, to be appended to the record, stating why they could not be
obtained. For the purposes of this section, the word "unit" means any regularly
organized body of the state military forces not larger than a company, a squadron, a
division of the naval militia, or a body corresponding to one (1) of them.
When it can be avoided, no person subject to this code may be tried by a courtmartial any member of which is junior to the accused in rank or grade.
When convening a court-martial, the convening authority shall detail as members
thereof such members of the state military forces as, in the convening authority's
opinion, are best qualified for the duty by reason of age, education, training,
experience, length of service, and judicial temperament. No member of the state
military forces is eligible to serve as a member of a general or special court-martial
when that member is the accuser, a witness, or has acted as investigating officer or
as counsel in the same case.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 26, effective June 25, 2013. -- Amended
1974 Ky. Acts ch. 108, sec. 5. -- Amended 1970 Ky. Acts ch. 56, sec. 15. -- Created
1954 Ky. Acts ch. 99, sec. 23, effective July 1, 1954.
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