{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-820","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-820","heading":"Jurisdiction and appeals of summary courts-martial","body":"ARTICLE 20. Jurisdiction and appeals of summary courts-martial.\n\nA. Subject to Section 817 of this title (Article 17), summary\n\ncourts-martial have jurisdiction to try persons subject to the\n\nOklahoma Uniform Code of Military Justice, except officers, cadets\n\nand officer candidates for any offense made punishable by the Code\n\nunder such limitations as may be prescribed by regulation\n\npromulgated by the Governor or Adjutant General. No person with\n\nrespect to whom summary courts-martial have jurisdiction shall be\n\nbrought to trial before a summary court-martial if he or she objects\n\nthereto. If objection to trial by summary court-martial is made by\n\nan accused, trial may be ordered by special or general court-martial\n\nas may be appropriate. Summary courts-martial may, under such\n\nlimitations as may be prescribed by regulation promulgated by the\n\nGovernor or Adjutant General, adjudge any punishment not forbidden\n\nby the Code except dismissal, dishonorable or bad-conduct discharge,\n\nconfinement for more than one (1) month, hard labor without\n\nconfinement for more than forty-five (45) days, restriction to\n\nspecified limits for more than two (2) months, or forfeiture of more\n\nthan two-thirds (2/3) of one (1) month's pay.\n\nB. A summary court-martial is a noncriminal forum. A finding\n\nof guilty at a summary court-martial does not constitute a criminal\n\nconviction.\n\nC. Regular appeals. A person found guilty at a summary court-\n\nmartial who considers the punishment unjust or disproportionate to\n\nthe offense may appeal to a senior officer designated by the\n\nAdjutant General to adjudicate appeals. A senior officer designated\n\nby the Adjutant General shall be an officer assigned to joint forces\n\nheadquarters and shall be a member of the same component of the\n\nstate military forces as the accused. An appeal made pursuant to\n\nthis subsection shall be lodged within thirty (30) calendar days\n\nafter the date the accused receives written notice from the\n\nconvening authority that the convening authority has complied with\n\nthe requirements of subsection B of Section 860C of this title\n\n(Article 860C, subsection B). Before acting on an appeal submitted\n\npursuant to this subsection, the senior officer exercising appellate\n\nauthority shall refer the case to a judge advocate for consideration\n\nand advice. When a senior officer is designated by the Adjutant\n\nGeneral to adjudicate appeals pursuant to this subsection, such\n\ndesignation shall be accomplished in writing and shall be considered\n\na military publication, as defined in Section 801 of this title\n\n(Article 1).\n\nD. Appeals in certain instances. Except for summary courts-\n\nmartial convened by the Governor or the Adjutant General, the final\n\nappellate authority for summary courts-martial convened pursuant to\n\nthis Code shall be the Adjutant General. A person found guilty at a\n\nsummary court-martial whose appeal was previously denied by a senior\n\nofficer designated to adjudicate appeals may lodge an additional\n\nappeal with the Adjutant General within fifteen (15) calendar days\n\nafter the appeal is denied. In the event the officer who convened\n\nthe summary court-martial is a senior officer who is also designated\n\nto adjudicate appeals, an appeal thereof shall be addressed directly\n\nto the Adjutant General. In the event the officer who convened the\n\nsummary court-martial is the Adjutant General, an appeal thereof\n\nshall be addressed directly to the Governor. An appeal offered\n\npursuant to this subsection shall be made only in writing. Neither\n\nthe Governor nor the Adjutant General shall delegate his or her\n\nduties as an appellate authority under this subsection.\n\nE. The Adjutant General may promulgate regulations prescribing\n\nthe type and form of records to be kept of appellate proceedings\n\nundertaken pursuant to subsections C and D of this section.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e62b5b8134406228ba8f037a1f646bbd6787cf363ce0c05900829a6ce656e4a9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-819","next":"us-ok/okla.-stat.-tit.-44-44-821"},"notice":"GroundRules: Original legal text. Not legal advice."}