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Georgia State Code
Title      38
Chapter       2  
Section Navigation     1 ... 9          10 ... 26    
    27 ... 53         54 ... 110   
   111 ... 170       171 ... 192   
   193 ... 216       217 ... 251   
   252 ... 278       279 ... 303   
   304 ... 325       326 ... 360   
   370 ... 392         393 ... 414   
   415 ... 438       439 ... 448   
   449 ... 483       484 ... 493   
   510 ... 519       520 ... 529   
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   550 ... 575       576 ... 577     
Section<<< 393 394 395 396 397 410 411 412 413 414 >>>  
Title 38, Chapter 2, Section 393 (38-2-393)

(a) Any officer of or on duty with the organized militia shall be eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

(b) Any warrant officer of or on duty with the organized militia shall be eligible to serve on general and special courts-martial for the trial of any person, other than an officer, who may lawfully be brought before such courts for trial.

(c)(1) Any enlisted member of the organized militia who is not a member of the same unit as the accused shall be eligible to serve on general and special courts-martial for the trial of any enlisted person who may lawfully be brought before such courts for trial; but he shall serve as a member of a court only if, prior to the convening of the court, the accused personally has requested in writing that enlisted persons serve on it. After such a request, no enlisted person shall 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 of the total membership of the court, unless eligible enlisted persons cannot be obtained on account of physical conditions or military exigencies. Where such persons cannot be obtained, the court may be convened 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.

(2) For the purposes of this Code section, the word "unit" means a duly organized body of the organized militia not larger than a company, squadron, division of the Naval Militia, or body corresponding to one of them.

(d)(1) When it can be avoided, no person subject to this article shall be tried by a court-martial any member of which is junior to him in rank or grade.

(2) When convening a court-martial, the convening authority shall appoint as members thereof such persons as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No person shall be eligible to sit as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. If within the command of the convening authority there is present and not otherwise disqualified an officer who is a member of the bar of this state and of appropriate rank, the convening authority shall appoint the officer as president of a special court-martial; provided, however, that, although this requirement shall be binding on the convening authority, failure to follow it in any case shall not divest a military court of jurisdiction.

Sunday May 24 03:10 EDT


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