HRS §124B-35
Summary courts-martial: who they can try and what they can do
This section explains the limited military court called a summary court-martial. It can try certain service members for offenses under this chapter, but not officers or higher ranks. You can object to being tried by this court. It cannot give the most serious punishments, and a guilty finding is not a criminal conviction.
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The statute, as written — Jurisdiction of summary courts-martial
(a) Subject to section 124B-32, summary courts-martial shall have jurisdiction to try persons subject to this chapter, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this chapter under limitations as prescribed by the governor. (b) No person with respect to whom summary courts-martial have jurisdiction shall be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered as appropriate. Summary courts-martial may, under limitations as prescribed by the governor, adjudge any punishment not forbidden by this chapter except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay. (c) A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial shall not constitute a criminal conviction.
Sections this one refers to
§124B-32 Who can be tried by a court-martial
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