2023 Oklahoma Statutes › Title 44. Militia › §44-820. Jurisdiction and appeals of summary courts-martial.

ARTICLE 20. Jurisdiction and appeals of summary courts-martial.
A. Subject to Section 817 of this title (Article 17), summary courts-martial have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice, except officers, cadets and officer candidates for any offense made punishable by the Code under such limitations as may be prescribed by regulation promulgated by the Governor or Adjutant General. No person with respect to whom summary courts-martial have jurisdiction shall be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as may be prescribed by regulation promulgated by the Governor or Adjutant General, adjudge any punishment not forbidden by the Code except dismissal, dishonorable or bad-conduct discharge, confinement for more than one (1) month, hard labor without confinement for more than forty-five (45) days, restriction to specified limits for more than two (2) months, or forfeiture of more than two-thirds (2/3) of one (1) month's pay.
B. A summary court-martial is a noncriminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction.
C. Regular appeals. A person found guilty at a summary court-martial who considers the punishment unjust or disproportionate to the offense may appeal to a senior officer designated by the Adjutant General to adjudicate appeals. A senior officer designated by the Adjutant General shall be an officer assigned to joint forces headquarters and shall be a member of the same component of the state military forces as the accused. An appeal made pursuant to this subsection shall be lodged within thirty (30) calendar days after the date the accused receives written notice from the convening authority that the convening authority has complied with the requirements of subsection B of Section 860C of this title (Article 860C, subsection B). Before acting on an appeal submitted pursuant to this subsection, the senior officer exercising appellate authority shall refer the case to a judge advocate for consideration and advice. When a senior officer is designated by the Adjutant General to adjudicate appeals pursuant to this subsection, such designation shall be accomplished in writing and shall be considered a military publication, as defined in Section 801 of this title (Article 1).
D. Appeals in certain instances. Except for summary courts-martial convened by the Governor or the Adjutant General, the final appellate authority for summary courts-martial convened pursuant to this Code shall be the Adjutant General. A person found guilty at a summary court-martial whose appeal was previously denied by a senior officer designated to adjudicate appeals may lodge an additional appeal with the Adjutant General within fifteen (15) calendar days after the appeal is denied. In the event the officer who convened the summary court-martial is a senior officer who is also designated to adjudicate appeals, an appeal thereof shall be addressed directly to the Adjutant General. In the event the officer who convened the summary court-martial is the Adjutant General, an appeal thereof shall be addressed directly to the Governor. An appeal offered pursuant to this subsection shall be made only in writing. Neither the Governor nor the Adjutant General shall delegate his or her duties as an appellate authority under this subsection.
E. The Adjutant General may promulgate regulations prescribing the type and form of records to be kept of appellate proceedings undertaken pursuant to subsections C and D of this section.
Added by Laws 2019, c. 408, § 26, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 13, emerg. eff. April 13, 2021.