A general court–martial may be convened by: the Governor; or the Adjutant General. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

A special court–martial may be convened by: a person who may convene a general court–martial; the commanding officer of a garrison, fort, post, camp, station, or Air National Guard base; the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army; the commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or the commanding officer or officer in charge of any other command when empowered by the Adjutant General. If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

A summary court–martial may be convened by: a person who may convene a general or special court–martial; the commanding officer of a detached company or other detachment, or corresponding unit of the Army; the commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or the commanding officer or officer in charge of any other command when empowered by the Adjutant General. When only one commissioned officer is present with a command or detachment, that officer shall be the summary court–martial of that command or detachment and shall hear and determine all summary court–martial cases, or a military judge may act as summary court–martial. A summary court–martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.

A commissioned officer of the State military forces is eligible to serve on all courts–martial for the trial of a person subject to this title. A warrant officer of the State military forces is eligible to serve on general and special courts–martial for the trial of a person subject to this title, other than a commissioned officer. An enlisted member of the State military forces is eligible to serve on general and special courts–martial for the trial of an enlisted member subject to this title, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under § 13A–704 of this title 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 orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court–martial, the membership of which does not include enlisted members in a number equal to at least one–third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without the members, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the members could not be obtained. When it can be avoided, a person subject to this title may not be tried by a court–martial, any member of which is junior to the accused in rank or grade. When convening a court–martial, the convening authority shall detail as members of the authority such members of the State military forces as, in the convening authority’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. A member of the State military forces is not eligible to serve as a member of a general or special court–martial if the member is the accuser or a witness or has acted as investigating officer or as counsel in the same case. Before a court–martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to another principal assistant. The accused in a court–martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.

A military judge shall be detailed to each general and special court–martial by the senior military judge in the State. The military judge shall preside over each open session of the court–martial to which the military judge has been detailed. A military judge shall be: an active or retired commissioned officer of an organized state military force; a member in good standing of the bar of the Court of Appeals of Maryland; and certified as qualified for duty as a military judge by the senior force judge advocate that is the same force as the accused. The convening authority or a staff member of the convening authority may not prepare or review a report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge. A person is not eligible to act as military judge in a case if the person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case. The military judge of a court–martial may not: consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel; or vote with the members of the court.

For each general and special court–martial, the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate. A person who has acted as investigating officer, military judge, witness, or court member in a case may not act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. A person who has acted for the prosecution may not act later in the same case for the defense, nor may a person who has acted for the defense act later in the same case for the prosecution. Except as provided in subsection (c) of this section, trial counsel or defense counsel detailed for a general or special court–martial must be: a judge advocate, as defined in § 13A–101 of this title; and in the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court–martial is held. In the instance when a defense counsel is not a member of the bar of the highest court of the state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is: a commissioned officer of the armed forces or a component thereof; a member in good standing of the bar of the highest court of a state; and certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy, Space Force, or Marine Corps; or a judge advocate as defined in § 13A–101 of this title.

Under such regulations as may be adopted, the convening authority of a general or special court–martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.

A member of a general or special court–martial may not be absent or excused after the court has been assembled for the trial of the accused unless excused: as a result of a challenge; by the military judge for physical disability or other good cause; or by order of the convening authority for good cause. Whenever a general court–martial, other than a general court–martial composed of a military judge only, is reduced below six members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of six members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides. Whenever a special court–martial, other than a special court–martial composed of a military judge only, is reduced below four members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides. If the military judge of a court–martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of § 13A–401 of this title, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides. In addition to members, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.