Summary Court-Martial

The third type of court-martial is a “summary court-martial.” This court-martial very rarely occurs. A summary court-martial deals with cases involving personnel outside of commissioned officers, warrant officers, cadets, aviation cadets, and midshipmen, charged with a United Code of Military Justice offense. Summary court-martial may only try non-capital offenses. The consequences of a summary court-martial will depend on the grade of the accused.

• A summary court-martial is composed of one commissioned officer on active duty.
• The accused member is not entitled to be represented by a military attorney, but may hire a private lawyer at his or her own expense.
• The accused member may object to trial by summary court-martial, in which case the charges will be handled outside of a court-martial, or the charges will be handled in a special or general court-martial.
• The accused has the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent.
• The maximum punishment a summary court-martial may award is confinement for 30 days, forfeiture of two-thirds pay for one month, and reduction to the lowest pay grade.
• In the case where the accused is above the fourth enlisted pay grade, a summary court-martial may not sentence the accused to death, dismissal, dishonorable or bad conduct discharge, confinement for more than one month, hard labor without confinement for more than 45 days, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month’s pay.

If you or a loved one is facing a summary court-martial, you will need an attorney to defend your rights. At Wallin & Klarich, we can provide you with experienced quality representation. The charges you face will impact your role in the military. Being disciplined by the military also comes with a social stigma amongst your peers. We can fight to help you get the best possible result in your case. Call us today at (888) 749-0034. We will be there when you call.