{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-825","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-825","heading":"Who may serve on courts-martial","body":"ARTICLE 25. Who may serve on courts-martial.\n\nA. Any commissioned officer who is a member of the same force\n\ncomponent as the accused is eligible to serve on all courts-martial\n\nfor the trial of any person who may lawfully be brought before such\n\ncourts for trial.\n\nB. Any warrant officer who is a member of the same force\n\ncomponent as the accused is eligible to serve on general and special\n\ncourts-martial for the trial of any person, other than a\n\ncommissioned officer, who may lawfully be brought before such courts\n\nfor trial.\n\nC. 1. Any enlisted member from the same force component as the\n\naccused is eligible to serve on a general or special court-martial\n\nfor the trial of an enlisted member.\n\n2. Before a court-martial with a military judge and members is\n\nassembled for trial, an enlisted member who is an accused may\n\npersonally request, orally on the record or in writing, that:\n\na. the membership of the court-martial be comprised\n\nentirely of officers, or\n\nb. enlisted members comprise at least one-third (1/3) of\n\nthe membership of the court-martial, regardless of\n\nwhether enlisted members have been detailed to the\n\ncourt-martial.\n\n3. After such a request, the accused may not be tried by a\n\ngeneral or special court-martial if the membership of the court-\n\nmartial is inconsistent with the request.\n\nD. The accused in a court-martial with a military judge and\n\nmembers may, after the findings are announced and before any matter\n\nis presented in the sentencing phase, request, orally on the record\n\nor in writing, sentencing by members.\n\nE. 1. No person subject to the Oklahoma Uniform Code of\n\nMilitary Justice may be tried by a court-martial any member of which\n\nis junior to him or her in rank or grade.\n\n2. When convening a court-martial, the convening authority\n\nshall detail as members thereof such members of the same force\n\ncomponent as the accused as, in his or her opinion, are best\n\nqualified for the duty by reason of age, education, training,\n\nexperience, length of service, and judicial temperament. No member\n\nof the state military force is eligible to serve as a member of a\n\ngeneral or special court-martial when he or she is the accuser or a\n\nwitness or has acted as preliminary hearing officer or as counsel in\n\nthe same case.\n\n3. The convening authority shall detail not less than the\n\nnumber of members necessary to impanel the court-martial under\n\nSection 829 of this title (Article 29).\n\nF. Before a court-martial is assembled for the trial of a case,\n\nthe convening authority may excuse a member of the court from\n\nparticipating in the case. Under regulations promulgated by the\n\nAdjutant General, the convening authority may delegate his or her\n\nauthority under this subsection to his or her staff judge advocate,\n\nto an assistant staff judge advocate or to any other principal\n\nassistant.","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":"07e005888c0e071143fc1232ac16377b9b5e0decc96eb03de30c215f301787f0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-824","next":"us-ok/okla.-stat.-tit.-44-44-826"},"notice":"GroundRules: Original legal text. Not legal advice."}