NY Mil L § 130.25 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 5 - Appointment and Composition of Courts-Martial 130.25 - Who May Serve on Courts-Martial.

§ 130.25. Who  may  serve on courts-martial.  (a) Any officer of or on duty with the organized militia  shall  be  eligible  to  serve  on  all courts-martial  for  the trial of any person who may lawfully be brought before such courts for trial.  (b) Any warrant officer of or on duty with the organized militia shall be eligible to serve on general and special courts-martial for the trial of any person, other than an officer, who may lawfully be brought before such courts for trial.  (c) (1) Any enlisted person of the organized  militia  who  is  not  a member  of  the  same  unit as the accused shall be eligible to serve on general and special courts-martial for the trial of any enlisted  person who  may  lawfully be brought before such courts 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 under subdivision (a) of section 130.39  of this chapter 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 persons serve  on  it. After  such a request, no enlisted person shall be tried by a general or special court-martial the membership of which does not include  enlisted persons  in  a  number  comprising  at  least  one-third  of  the  total membership of the court, unless  eligible  enlisted  persons  cannot  be obtained on account of physical conditions or military exigencies. Where such persons cannot be obtained, the court may be convened and the trial held  without  them,  but  the convening authority shall make a detailed written statement, to be appended to the record, stating why they  could not be obtained.  (2)  For  the  purposes  of this section, the word "unit" shall mean a duly organized body of the organized militia not larger than a  company, a  squadron, a division of the naval militia, or a body corresponding to one of them.  (d) (1) When it can be avoided, no person subject to this  code  shall be tried by a court-martial any member of which is junior to him in rank or grade.  (2)  When  convening  a  court-martial,  the convening authority shall appoint as members thereof such persons as, in  his  opinion,  are  best qualified   for   the  duty  by  reason  of  age,  education,  training, experience, length of service, and judicial temperament. No person shall be eligible to sit as a member of a  general  or  special  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.  If  within  the command  of  the  convening authority there is present and not otherwise disqualified an officer who is a member of the bar of this state and  of appropriate  rank, the convening authority shall appoint such officer as president of a special court-martial; provided,  however  that  although this requirement shall be binding on the convening authority, failure to follow it in any case shall not divest a military court of jurisdiction.