55-421. Court-martial; members; eligibility.
(1) Any commissioned officer is eligible to serve on any court-martial for the trial of any person who may lawfully be brought before such court for trial.
(2) Any warrant officer is eligible to serve on a court-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such court for trial.
(3)(a) Any enlisted member, who is not a member of the same unit as the accused, is eligible to serve on a court-martial for the trial of any enlisted member of an armed force who may lawfully be brought before such court for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge 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 request, the accused may not be tried by a 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 enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the assembling authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(b) In this section, the word unit means any regularly organized body as defined by the Governor, but in no case may it be a body larger than a company, squadron, or body corresponding to one of them.
(4)(a) When it can be avoided, no member of the military forces may be tried by a court-martial any member of which is junior to him in rank or grade.
(b) When convening a court-martial, the convening authority shall detail as members thereof such members of the military forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the military forces is eligible to serve as a member of a 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.
Source
Structure Nebraska Revised Statutes
55-101 - Military code; how cited.
55-102 - Military code; contents.
55-103 - Military code; legislative intent.
55-104 - Military code; definitions.
55-105 - Militia; classes, defined.
55-106 - Militia; persons subject to duty; exemptions.
55-107 - National Guard Reserve.
55-108 - National Guard; organization; federal regulations.
55-109 - National Guard; units; location.
55-110 - National Guard; uniform; arms; equipment.
55-111 - National Guard; units; inspection.
55-112 - Military property; custody and care; violation; penalty.
55-113 - National Guard; drills; encampments; maneuvers.
55-114 - National Guard; annual encampment; attendance.
55-115 - Militia; commander in chief; powers.
55-116 - Militia; state of insurrection; power of Governor to proclaim.
55-117 - Militia; National Guard; induction into actual service; occasions.
55-118 - Militia; draft for service; apportionment.
55-119 - Militia; rules and regulations.
55-120 - National Guard; Military Department; officers; personnel; rank.
55-122 - Adjutant General; powers and duties.
55-122.01 - Adjutant General; military ceremonies and honors; duties; provide flag; when.
55-123 - Adjutant General; disbursing officer; bond or insurance.
55-125 - Adjutant General; assistants; qualifications.
55-126 - Adjutant General; assistants; duties; bond or insurance; salary.
55-127 - United States property and fiscal officer; duties; bond or insurance.
55-128 - Adjutant General; seal.
55-129 - Adjutant General; reports.
55-132 - Adjutant General; armories; rifle ranges; control; management; rental.
55-134 - National Guard; composition; discrimination prohibited.
55-135 - National Guard; personnel; number; grade; service.
55-136 - National Guard; officers; qualifications; service; discharge.
55-137 - National Guard; officers; commissions.
55-138 - National Guard; officers; selection; separation.
55-139 - National Guard; officers; powers and duties.
55-139.01 - National Guard; peace officer; powers.
55-140 - National Guard; oaths; commissioned officers may administer.
55-141 - Militia; commissioned officers; power of arrest.
55-141.01 - Transferred to section 55-124.
55-143 - National Guard; officers; fitness; determination.
55-144 - National Guard; officers; resignation.
55-145 - National Guard; officers; resignations; acceptance; limitations.
55-146 - National Guard; personnel; ordered to active duty; limitations.
55-147 - National Guard; officers; retired at higher grade, when.
55-149 - National Guard; arms; supplies; issuance.
55-150 - National Guard; officers; bond or insurance; amount; conditions.
55-151 - National Guard; enlistments; reenlistments; how made; qualifications.
55-152 - National Guard; federal service; termination; enlistments unaffected.
55-153 - National Guard; continuous service, defined.
55-154 - Militia; enlistments; length.
55-155 - National Guard; enlisted personnel; discharge.
55-156 - National Guard; dishonorable discharge; effect; posting.
55-157.02 - Recruiting; strength maintenance; expenditure of funds; Adjutant General; supervise.
55-157.03 - Incentive payments; purpose; restrictions.
55-158 - Compensation; payment.
55-160 - Military leave of absence without loss of pay; limitations.
55-161 - Military leave of absence; rights of officer or employee.
55-161.02 - Officers and employees of state; employer; granting of rights of veteran; effect.
55-164 - Military leave of absence; damages for noncompliance.
55-165 - Military leave of absence; violation; penalty.
55-167 - Member of military forces; active service; exempt from arrest on civil process.
55-168 - Militia; active service; civil and criminal liability; immunity.
55-169 - Militia; action or proceeding against member on active service; bond; conditions.
55-170 - Militia; action or proceeding against member on active service; change of venue.
55-171 - Militia; action or proceeding against member on active service; legal counsel; expense.
55-173 - National Guard; Nebraska State Guard; labor service; jury service; exemptions.
55-174 - National Guard; fire department or district membership or service; effect on duty.
55-175 - National Guard; members in uniform; failure to admit or serve; penalty.
55-176 - Transferred to section 28-1481.
55-177 - Transferred to section 28-1482.
55-178 - National Guard; payrolls; certification; transmission.
55-179 - National Guard; vouchers; payrolls; payment; warrants.
55-180 - National Guard; encampment; commanding officer; powers; duties.
55-181 - Department; contract with Nebraska Wing of Civil Air Patrol; purposes; funding agreement.
55-182 - Nebraska National Guard; rights.
55-201 - Nebraska State Guard; when called into service; organization.
55-202 - Rules and regulations; acceptance of gratuities; conditions.
55-203 - Commissions; enlistments; qualifications.
55-204 - Commissions; conviction of felony; effect; fingerprints.
55-205 - Enlistment; term; oath.
55-207 - Members; compensation.
55-208 - Equipment; facilities.
55-212 - Service within state; exceptions.
55-213 - Fugitive; apprehension in another state; duty.
55-214 - Fugitive to this state; capture authorized.
55-215 - Fugitive to this state; apprehension; surrender to local authorities.
55-216 - Fugitive to this state; sections, how construed.
55-217 - Federal service; treatment of guard members.
55-218 - Civil organizations; not eligible for enlistment.
55-403 - Code; persons subject to.
55-404 - Fraudulent discharge; deserters; trial by court-martial.
55-407 - State Judge Advocate; appointment.
55-408 - Staff Judge Advocates; duties; restrictions.
55-409 - Apprehension of persons.
55-410 - Apprehension of deserters.
55-411 - Imposition of restraint.
55-412 - Restraint of persons charged with offenses.
55-413 - Confinement and imprisonment other than in guardhouse.
55-414 - Reports and receiving of prisoners.
55-415 - Manual for Courts-Martial, United States; applicability.
55-416 - Commanding officer's nonjudicial punishment.
55-417 - Court-martial, defined; jurisdiction.
55-418 - Court-martial; jurisdiction.
55-419 - Court-martial; jurisdiction; not exclusive.
55-420 - Court-martial; who may convene.
55-421 - Court-martial; members; eligibility.
55-422 - Court-martial; military judge; qualifications.
55-423 - Court-martial; trial counsel; defense counsel; detail.
55-424 - Court-martial; reports; interpreters; detail.
55-425 - Court-martial; absent members; new members; disability of military judge; effect.
55-426 - Court-martial; pretrial; trial; procedures applicable.
55-427 - Statute of limitations.
55-428 - Witness; failure to appear; procedure.
55-429 - Cruel and unusual punishment, prohibited.
55-430 - Punishment; limitation.
55-431 - Sentences; effective date.
55-432 - Confinement; execution.
55-433 - Sentences; reduction in grade.
55-434 - Court-martial; error of law; effect.
55-435 - Court-martial; record; action on.
55-436 - Court-martial; records; reference.
55-437 - Reconsideration; revision.
55-439 - Approval by the convening authority.
55-440 - Disposition of records after review by the convening authority.
55-441 - Court of Military Review; members; qualifications; appointment.
55-442 - Court of Military Review; compensation.
55-443 - Court of Military Review; powers.
55-444 - Counsel for appellant; appointment.
55-445 - Review of cases; procedure.
55-447 - Petition for new trial.
55-449 - Restoration of rights, privileges, property.
55-450 - Accessory after the fact, defined.
55-451 - Conviction of lesser offense; when.
55-452 - Attempt to commit an offense.
55-454 - Solicitation for violation of code.
55-455 - Fraudulent enlistment, appointment, or separation.
55-456 - Unlawful enlistment, appointment, or separation.
55-458 - Absence without leave.
55-460 - Contempt toward officials.
55-461 - Disrespect toward superior commissioned officer.
55-462 - Superior commissioned officer; assaulting; willfully disobeying.
55-463 - Warrant officer, noncommissioned officer; insubordination.
55-464 - Failure to obey order or resolution.
55-465 - Cruelty; maltreatment.
55-467 - Resistance; breach of arrest; escape.
55-468 - Seizure of abandoned property.
55-469 - Military property of United States; loss, damage, destruction, or wrongful disposition.
55-470 - Drunk or reckless driving.
55-471 - Alcoholic liquor; drugs; consumption on duty.
55-472 - Misbehavior of sentinel.
55-474 - Riot or breach of peace.
55-475 - Provoking speeches or gestures.
55-477 - Conduct unbecoming an officer and a gentleman.
55-478 - Obtaining property unlawfully.
55-480 - Disorders and prejudice of good order and discipline.
55-503 - Family military leave authorized; conditions.
55-504 - Employee exercising right to family military leave; rights; continuation of benefits.
55-505 - Loss of certain employee benefits prohibited; act; how construed.
55-506 - Employer; actions prohibited.
55-507 - Civil action authorized; remedies authorized.
55-601 - Commission on Military and Veteran Affairs; created; members; terms; vacancy.
55-602 - Commission on Military and Veteran Affairs; powers and duties.
55-603 - Commission on Military and Veteran Affairs; officers; meetings; records.
55-604 - Commission on Military and Veteran Affairs; expenses.
55-605 - Military affairs liaison; duties.
55-703 - Civil action; relief available.
55-704 - Nebraska National Guard; duties.
55-801 - United States Space Command Headquarters Assistance Fund; created; use; investment.
55-901 - Military Base Development and Support Fund; created; use; investment; matching funds.