Revised Code of Washington
Chapter 38.38 - Washington Code of Military Justice.
38.38.248 - Summary courts-martial of organized militia not in federal service—Who may convene.

RCW 38.38.248
[Art. 24] Summary courts-martial of organized militia not in federal service—Who may convene.

(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a special court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.
(2) When only one commissioned officer is present with a command or detachment the commissioned officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable.

[ 2009 c 378 § 14; 1989 c 48 § 24; 1963 c 220 § 26.]

Structure Revised Code of Washington

Revised Code of Washington

Title 38 - Militia and Military Affairs

Chapter 38.38 - Washington Code of Military Justice.

38.38.004 - Definitions—Construction.

38.38.008 - Persons subject to this code.

38.38.012 - Jurisdiction to try certain personnel.

38.38.016 - Dismissal of commissioned officer.

38.38.020 - Territorial applicability of the code.

38.38.024 - Judge advocates and legal officers.

38.38.064 - Apprehension.

38.38.068 - Apprehension of deserters.

38.38.072 - Imposition of restraint.

38.38.076 - Restraint of persons charged with offenses.

38.38.080 - Confinement in jails.

38.38.084 - Reports and receiving of prisoners.

38.38.088 - Punishment prohibited before trial.

38.38.092 - Delivery of offenders to civil authorities.

38.38.132 - Commanding officer's nonjudicial punishment—Suspension—Appeal.

38.38.172 - Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.

38.38.176 - Jurisdiction of courts-martial in general.

38.38.180 - Jurisdiction of general courts-martial.

38.38.184 - Jurisdiction of special courts-martial—Dishonorable discharge.

38.38.188 - Jurisdiction of summary courts-martial.

38.38.192 - Sentences of dismissal or dishonorable discharge to be approved by the governor.

38.38.196 - Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.

38.38.200 - Confinement instead of fine.

38.38.240 - Who may convene general courts-martial.

38.38.244 - Special courts-martial of organized militia not in federal service—Who may convene.

38.38.248 - Summary courts-martial of organized militia not in federal service—Who may convene.

38.38.252 - Who may serve on courts-martial.

38.38.256 - Military judge of a general or special court-martial.

38.38.258 - Military judges—Qualifications.

38.38.260 - Detail of trial counsel and defense counsel.

38.38.264 - Detail or employment of reporters and interpreters.

38.38.268 - Absent and additional members.

38.38.308 - Charges and specifications.

38.38.312 - Compulsory self-incrimination prohibited.

38.38.316 - Investigation.

38.38.320 - Forwarding of charges.

38.38.324 - Advice of state judge advocate and reference for trial.

38.38.328 - Service of charges.

38.38.368 - Governor may prescribe rules.

38.38.372 - Unlawfully influencing action of court.

38.38.376 - Duties of trial counsel and defense counsel.

38.38.380 - Sessions.

38.38.384 - Continuances.

38.38.388 - Challenges.

38.38.392 - Oaths.

38.38.396 - Statute of limitations.

38.38.400 - Former jeopardy.

38.38.404 - Pleas of the accused.

38.38.408 - Opportunity to obtain witnesses and other evidence.

38.38.412 - Refusal to appear or testify—Penalty.

38.38.416 - Contempts.

38.38.420 - Depositions.

38.38.424 - Admissibility of records of courts of inquiry.

38.38.428 - Voting, rulings, instructions.

38.38.432 - Number of votes required.

38.38.436 - Court to announce action.

38.38.440 - Record of trial.

38.38.480 - Cruel and unusual punishments prohibited.

38.38.484 - Maximum limits—Reduction in pay grade.

38.38.488 - Effective date of sentences.

38.38.492 - Execution of confinement.

38.38.532 - Execution of sentence—Suspension of sentence.

38.38.536 - Initial action on the record.

38.38.540 - Initial action on the record—General court-martial records.

38.38.544 - Reconsideration and revision.

38.38.548 - Rehearings.

38.38.552 - Approval by the convening authority.

38.38.556 - Review of records—Disposition.

38.38.560 - Error of law—Lesser included offense.

38.38.564 - Review counsel.

38.38.568 - Vacation of suspension.

38.38.572 - Petition for a new trial.

38.38.576 - Remission and suspension.

38.38.580 - Restoration.

38.38.584 - Finality of proceedings, findings and sentences.

38.38.624 - Persons to be tried or punished.

38.38.628 - Principals.

38.38.632 - Accessory after the fact.

38.38.636 - Conviction of lesser included offense.

38.38.640 - Attempts.

38.38.644 - Conspiracy.

38.38.648 - Solicitation.

38.38.652 - Fraudulent enlistment, appointment, or separation.

38.38.656 - Unlawful enlistment, appointment, or separation.

38.38.660 - Desertion.

38.38.664 - Absence without leave.

38.38.668 - Missing movement.

38.38.672 - Contempt towards officials.

38.38.676 - Disrespect towards superior commissioned officer.

38.38.680 - Assaulting or willfully disobeying superior commissioned officer.

38.38.684 - Insubordinate conduct toward warrant officer or noncommissioned officer.

38.38.688 - Failure to obey order or regulation.

38.38.692 - Cruelty and maltreatment.

38.38.696 - Mutiny or sedition.

38.38.700 - Resistance, breach of arrest, and escape.

38.38.704 - Releasing prisoner without proper authority.

38.38.708 - Unlawful detention of another.

38.38.712 - Noncompliance with procedural rules.

38.38.716 - Misbehavior before the enemy.

38.38.720 - Subordinate compelling surrender.

38.38.724 - Improper use of countersign.

38.38.728 - Forcing a safeguard.

38.38.732 - Captured or abandoned property.

38.38.736 - Aiding the enemy.

38.38.740 - Misconduct of a prisoner.

38.38.744 - False official statements.

38.38.748 - Military property—Loss, damage, destruction, or wrongful disposition.

38.38.752 - Property other than military property—Waste, spoilage, or destruction.

38.38.756 - Improper hazarding of vessel.

38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.

38.38.762 - Use, possession, or distribution of controlled substances.

38.38.764 - Drunk on duty—Sleeping on post—Leaving post before relief.

38.38.768 - Dueling.

38.38.772 - Malingering.

38.38.776 - Riot or breach of peace.

38.38.780 - Provoking speeches or gestures.

38.38.782 - Assault upon another member of the organized militia.

38.38.783 - Larceny and wrongful appropriation.

38.38.784 - Perjury.

38.38.788 - Frauds against the government.

38.38.796 - Conduct unbecoming an officer and a gentleman.

38.38.800 - General article.

38.38.840 - Courts of inquiry.

38.38.844 - Authority to administer oaths.

38.38.848 - Sections to be explained.

38.38.852 - Complaints of wrongs.

38.38.856 - Redress of injuries to property.

38.38.860 - Execution of process and sentence.

38.38.864 - Process of military courts.

38.38.868 - Payment of fines and disposition thereof.

38.38.872 - Immunity for action of military courts.

38.38.876 - Presumption of jurisdiction.

38.38.880 - Delegation of authority by the governor.

38.38.884 - Uniformity of interpretation.

38.38.888 - Short title.