Summary Court Martial: What It Is and Whether to Object

A summary court martial is the lowest of the three kinds of court martial. One commissioned officer hears the case. (Article 16) By law it is a non-criminal forum, and a finding of guilty there is not a criminal conviction. (Article 20(b))

A service member offered a summary court martial has a real choice to make. The law lets the service member object. Whether to object depends on the evidence, the charges and what the command is likely to do next.

Key facts

• Who can be tried. Any person subject to the UCMJ except officers, for any noncapital offense. (Article 20(a))
• Who hears it. One commissioned officer. (Article 16)
• Who convenes it. Anyone who can convene a general or special court martial, the commander of a detached company, squadron or other detachment, and others the service secretary empowers. (Article 24)
• No criminal conviction. A finding of guilty at a summary court martial does not constitute a criminal conviction. (Article 20(b))

The punishment limits

A summary court martial cannot adjudge death, dismissal, a dishonorable discharge or a bad conduct discharge. It also cannot adjudge more than: (Article 20(a))

The President can set lower limits by regulation.

The right to object

A service member cannot be tried by summary court martial over the service member's objection. The case can then be sent to a special or general court martial. (Article 20(a))

That is the decision. Objecting puts the case in a forum that can impose a punitive discharge and longer confinement, and where a finding of guilty is a criminal conviction. Accepting means a limited punishment and no criminal conviction, but a finding on the record.

Questions to work through with a lawyer before deciding:

1. How strong is the evidence, and can any of it be suppressed?
2. Would the command actually refer the case to a special or general court martial, or is that unlikely on these facts?
3. Is an administrative separation likely either way?
4. What would a finding of guilty, even a non-criminal one, do to a promotion, a reenlistment or a clearance?

There is no general answer. The same offer can be a good deal in one case and a mistake in another.

Review after a summary court martial

A Court of Criminal Appeals can review a summary court martial when the accused applies under Article 69(d)(1) and the court grants the application. (Article 66(b)(1)(B))

How Bilecki Law Group helps

Military defense is all we do. Tim Bilecki has taken more than 250 courts martial to verdict, and the firm has represented more than 500 clients. The firm advises service members on whether to accept or object to a summary court martial, and defends the case in whatever forum it lands. Call 813-669-3500 or contact the firm for a confidential consultation.

Frequently asked questions

Is a summary court martial a criminal conviction?

No. Article 20(b) of the UCMJ says a finding of guilty at a summary court martial does not constitute a criminal conviction.

Can I refuse a summary court martial?

Yes. Article 20(a) bars trial by summary court martial if you object. The case can then be sent to a special or general court martial.

What is the maximum punishment at a summary court martial?

No punitive discharge, and no more than one month of confinement, 45 days of hard labor without confinement, two months of restriction, or forfeiture of two thirds of one month's pay.

Sources

• 10 U.S.C. 816 (Article 16, kinds of courts martial)
• 10 U.S.C. 820 (Article 20, summary courts martial)
• 10 U.S.C. 824 (Article 24, who may convene)
• 10 U.S.C. 866 (Article 66, Courts of Criminal Appeals)