(a) The three kinds of courts-martial in each of the Guam military forces are: (1) General Court-Martial, which shall consist of: (A) a military judge and not less than five (5) members; or (B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves;
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(2) Special Court-Martial, which shall consist of: (A) not less than three (3) members; or (B) a military judge and not less than three (3) members; or (C) only a military judge, if one has been detailed to the court and the accused under the conditions that is prescribed in § 63716(a)(1)(B) so requests; and (3) Summary Court-Martial, which shall consist of one (1) officer, who shall be a military judge or an attorney who is a member of the bar of a federal court, or the highest court of a State, Territory, Commonwealth of the United States or the District of Columbia and certified to be competent to perform such duties by the Guam Judge Advocate General, or if such military judge or attorney is not reasonably available, then a senior officer of the United States Armed Forces, either active, reserve or national guard, certified as competent to perform such duties by the Guam Judge Advocate General. SOURCE: UCMJ Art. 16. 2017 NOTE: References to “Territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. Subitem designations altered pursuant to the authority of 1 GCA § 1606. Internal references were altered as part of the codification process.