1998 Minnesota Statutes

     192A.145 Who may serve on courts-martial. 

    Subdivision 1.  Any commissioned officer of or on duty with 
 the state military forces is eligible to serve on all 
 courts-martial for the trial of any person who may lawfully be 
 brought before such courts for trial. 

    Subd. 2.  Any warrant officer of or on duty with the state 
 military forces is eligible to serve on general and special 
 courts-martial for the trial of any person, other than a 
 commissioned officer, who may lawfully be brought before such 
 courts for trial. 

    Subd. 3.  (1) 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 who may lawfully be brought before 
 such courts for trial, but the enlisted member shall serve as a 
 member of a court only if, before the conclusion of a session 
 called by the military judge, under section 192A.215 of this 
 code 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 in writing that enlisted members serve 
 on it.  After such a request the accused may not be tried by a 
 general or special court-martial the membership of which does 
 not include enlisted members in a number comprising at least one 
 third of the total membership of the court, unless eligible 
 members cannot be obtained on account of physical conditions or 
 military exigencies.  If such members 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) In this section the word "unit" means any regularly 
 organized body of the state military forces not larger than a 
 company, a squadron, or a body corresponding to one of them. 

    Subd. 4.  (1) When it can be avoided, no person subject to 
 this code may be tried by a court-martial any member of which is 
 junior to the person being tried in rank or grade. 

    (2) When convening a court-martial, the convening authority 
 shall detail as members thereof such members 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 is eligible to serve as a 
 member of a general or special court-martial when the member is 
 the accuser or a witness for the prosecution or has acted as 
 investigating officer or as counsel in the same case. 

    HIST: 1963 c 661 s 192A.145; 1978 c 552 s 13,14; 1986 c 444