New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.13 - Summary courts-martial

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Summary courts-martial generally.
(1)
				  Composition. A summary court-martial is composed of one officer. Whenever
				  practicable, a summary court-martial should be an officer whose grade is not
				  below Lieutenant Commander of the Naval Militia or Major of the Army National
				  Guard or Air National Guard. When only one officer is present with a command or
				  detachment, that officer is to be the summary court-martial of that command or
				  detachment. When more than one officer is present with a command or detachment,
				  the convening authority may not be the summary court-martial of that command or
				  detachment.
(2) Function. The
				  function of the summary court-martial is to promptly adjudicate minor offenses
				  under a simple procedure. The summary court-martial is to thoroughly and
				  impartially inquire into both sides of the matter and shall ensure that the
				  interests of both the State and the accused are safeguarded and that justice is
				  done. A summary court-martial may seek advice from a judge advocate or legal
				  officer on questions of law, but the summary court-martial may not seek advice
				  from any person on factual conclusions which should be drawn from evidence or
				  the sentence which should be imposed, as the summary court-martial has the
				  independent duty to make these determinations.
(3) Jurisdiction. Subject to section
				  516.2  of this Part,
				  summary courts-martial have the power to try persons subject to the code,
				  except officers and warrant officers.
(4) Punishments. Summary courts-martial have
				  the power to sentence to confinement at hard labor not exceeding 25 days; fines
				  not exceeding $25; confinement at hard labor in lieu of fines imposed not
				  exceeding one day for each dollar of fine imposed; forfeiture of pay and
				  allowances not exceeding $25; reprimand; reduction of noncommissioned officers
				  to an inferior grade; and to combine any two or more of such punishments in the
				  sentences imposed (ML, 130.20[c]). Summary courts-martial also may not combine
				  an alternative sentence of confinement at hard labor in lieu of fine with any
				  other sentence authorized in subdivision (d) except reprimand and reduction if
				  the result would exceed the jurisdictional limitations of a summary
				  courts-martial.
(5) Counsel. The
				  accused at a summary court-martial does not have the right to counsel. If the
				  accused has civilian counsel provided by the accused and qualified under
				  N.Y.R.C.M. 502(d)(3), that counsel must be permitted to represent the accused
				  at the summary court-martial if such appearance will not unreasonably delay the
				  proceedings and if military exigencies do not preclude it.
(6) Power to obtain witnesses and evidence. A
				  summary court-martial may obtain evidence pursuant to N.Y.R.C.M. 703.