HRS §124B-42
Who can call a special court-martial
This section says which military officers can call a special court-martial. It also says that if the officer who would call it is the accuser, a higher officer must call it instead. A higher officer may also call it whenever they think that is better.
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The statute, as written — Who may convene special courts-martial
(a) Special courts-martial may be convened by: (1) Any person who may convene a general court-martial; (2) The commanding officer of a garrison, fort, post, camp, station, or army or air national guard base; (3) The commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army; (4) The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or (5) The commanding officer or officer in charge of any other command when empowered by the adjutant general. (b) If any officer authorized under subsection (a) is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by the superior authority if considered desirable by the authority.
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