MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (EXCERPT)
Act 523 of 1980
Article 4



32.1016 Kinds of courts-martial.

Sec. 16.

    The 3 kinds of courts-martial in the state military forces are:
    (a) General courts-martial, consisting of a military judge and not less than 8 members; or only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of the military judge and the military judge approves.
    (b) Special courts-martial consisting of a military judge and not less than 4 members; or only a military judge, if the accused under the same conditions as those prescribed in subdivision (a), requests a court composed only of the military judge.
    (c) Summary courts-martial, consisting of 1 commissioned officer of field grade rank or above who is certified for that duty by the state staff judge advocate and who is not a member of the accused's unit.
    
    


History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 1990, Act 300, Imd. Eff. Dec. 14, 1990 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005 ;-- Am. 2024, Act 77, Imd. Eff. July 8, 2024





32.1017 Michigan Army National Guard and Michigan Air National Guard; court-marital jurisdiction.

Sec. 17.

    Subject to this code, the Michigan Army National Guard and Michigan Air National Guard each have court-martial jurisdiction over its members.
    
    


History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2024, Act 77, Imd. Eff. July 8, 2024





32.1018 General court-martial; jurisdiction; powers of punishment.

Sec. 18.

    A general court-martial has jurisdiction to try an individual subject to this code for an offense made punishable by this code and may adjudge any of the following punishments:
    (a) Confinement of not more than 2 years.
    (b) A fine of not more than $2,500.00 for a single offense.
    (c) Forfeiture of all pay and allowances.
    (d) A reprimand.
    (e) Restitution.
    (f) Dismissal, dishonorable discharge, or bad conduct discharge.
    (g) Reduction of an enlisted member to an inferior grade.
    (h) A combination of the punishments under subdivisions (a) to (g).
    
    


History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2024, Act 77, Imd. Eff. July 8, 2024





32.1019 Special court-martial; jurisdiction; powers of punishment.

Sec. 19.

    (1) A special court-martial has jurisdiction to try an individual subject to this code for an offense for which the individual may be punished under this code. A special court-martial may adjudge the same punishments as a general court-martial except that the special court-martial may not adjudge the punishments of dishonorable discharge, dismissal, confinement for more than 1 year, a fine of more than $1,000.00, forfeiture of pay exceeding 2/3 pay per month, or forfeiture of pay for more than 1 year.
    (2) A bad conduct discharge, a confinement for more than 6 months, or a forfeiture of pay for more than 6 months may not be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone.
    
    


History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2024, Act 77, Imd. Eff. July 8, 2024





32.1020 Summary court-martial; jurisdiction; objection by accused; powers of punishment.

Sec. 20.

    (1) A summary court-martial has jurisdiction to try an individual subject to this code, except an officer or a cadet, for an offense made punishable by this code.
    (2) An individual must not be tried by a summary court-martial if, before trial, the individual objects to a summary court-martial. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial, as appropriate.
    (3) A summary court-martial may adjudge the same punishments as a general court-martial except that the summary court-martial may not adjudge the punishments of dismissal, dishonorable discharge or bad conduct discharge, confinement for more than 25 days, a fine of more than $500.00, or forfeiture of more than 2/3 of 1 month's pay.
    
    


History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2024, Act 77, Imd. Eff. July 8, 2024





32.1021 Repealed. 2024, Act 77, Imd. Eff. July 8, 2024.


Compiler's Notes: The repealed section pertained to authority of court-martial to impose confinement instead of a fine.




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Michigan Compiled Laws Complete Through PA 5 of 2025
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